Kojic v Commonwealth Bank of Australia [2016] FCA 368

FEDERAL COURT OF AUSTRALIA

Kojic v Commonwealth Bank of Australia [2016] FCA 368 File number: SAD 332 of 2013

Judge: MANSFIELD J

Date of judgment: 15 April 2016

Catchwords: BANKING AND FINANCIAL INSTITUTIONS – where individual officers had dealings with separate clients of the company – where clients of the company financed the purchase of property – where the purchase of property is partially financed by unsecured loan – where the purchase of property is partially financed by bank loan secured by mortgage over the property – "knowledge" of a company – where individual officers, separately, did not act improperly – whether the "knowledge" of the company is the aggregate knowledge of officers of the company – whether there is one transaction – consideration of particular circumstances DAMAGES – where respondent liable for unconscionable conduct under the Trade Practices Act 1974 (Cth) – consideration of Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) – calculation of damages – nature of unconscionable conduct – availability of reduction of damages for contributory negligence – availability of apportionment for multiple wrongdoers

Legislation: Trade Practices Act 1974 (Cth) Australian Securities and Investments Commission Act 2001 (Cth) Bankruptcy Act 1966 (Cth) Competition and Consumer Act 2010 (Cth) Land and Business (Sale and Conveyancing) Regulations 2010 (SA) Land and Business (Sale and Conveyancing) Act 1994 (SA) Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) Corporations Act 2001 (Cth)