Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wilmink as Trustee for the Bangarra Trust v Westpac Banking Corporation [2014] FCA 872 Citation: Wilmink as Trustee for the Bangarra Trust v Westpac Banking Corporation [2014] FCA 872
Parties: KEVIN WILMINK AS TRUSTEE FOR THE BANGARRA TRUST and PETER PAALVAST AS TRUSTEE FOR THE BANGARRA TRUST v WESTPAC BANKING CORPORATION ABN 33 007 457 141
File number(s): NSD 2580 of 2013
Judge(s): BENNETT J
Date of judgment: 19 August 2014
Catchwords: CONTRACT – default on loan agreement – whether bill of exchange constituted payment
Legislation: Bills of Exchange Act 1909 (Cth) ss 8, 21, 25, 36(5), 50
Cases cited: Abriel & Ors v Bennett [2003] NSWSC 368 Bertola v Australia and New Zealand Banking Group Limited [2014] FCA 609 Deputy Commissioner of Taxation v Sproule [2012] FMCA 1188 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Ramsay v Pigram (1968) 118 CLR 271 Walton v Gardiner (1993) 177 CLR 373
Date of hearing: Heard on the papers
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 38
Counsel for the Applicants: The applicants appeared in person
Counsel for the Respondent: Sean Docker
Solicitor for the Respondent: Kemp Strang Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2580 of 2013
BETWEEN: KEVIN WILMINK AS TRUSTEE FOR THE BANGARRA TRUST
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