Hudson v National Australia Bank [2022] FCA 1222

FEDERAL COURT OF AUSTRALIA

Hudson v National Australia Bank [2022] FCA 1222 File number: NSD 1277 of 2019

Judgment of: MARKOVIC J

Date of judgment: 14 October 2022

Catchwords: CONSUMER LAW – misleading or deceptive conduct – unconscionable conduct – breach of contract – natural justice – where first applicant caused second applicant to enter into a sub-originator agreement with the second respondent – where second respondent terminated the sub-originator agreement – whether second respondent engaged in misleading or deceptive conduct by making representations to the effect that the first applicant had not performed her role satisfactorily – whether respondents engaged in unconscionable conduct in allegedly forming false conclusions about the applicants without giving them a proper hearing and then suspending and terminating the applicants by reason of those allegedly false conclusions – where the second respondent refused to provide a letter of separation in the terms requested by the applicants – whether in doing so the second respondent engaged in unconscionable conduct – whether second respondent breached confidentiality and good faith obligations contained in the sub-originator agreement – whether the respondents owed a duty to the applicants to afford them natural justice – application dismissed

Legislation: Australian Consumer Law being Sch 2 to the Competition and Consumer Act 2010 (Cth) ss 18, 21, 22 National Consumer Credit Protection Act 2009 (Cth) ss 6, 7, 8, 9, 29, 35, 47, 64

Cases cited: Australian Consumer and Competition Commission v TPG Internet Pty Ltd (2020) 278 FCR 450 Australian Securities and Investments Commission v Kobelt (2019) 267 CLR 1 Australian Securities and Investments Commission v National Australia Bank Limited [2020] FCA 1494 Bodney v Bennell (2008) 167 FCR 84 Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd [2012] NSWCA 184 Carey v Freehills [2013] FCA 954 Dasreef Pty Limited v Hawchar (2011) 243 CLR 588 Enderby Town Football Club Ltd v Football Association Ltd [1971] Ch 591 Good Living Company Pty Ltd v Kingsmede Pty Ltd (2021) 284 FCR 424 I&L Securities v HTW Valuers (Brisbane) Pty Ltd (2002) 210 CLR 109 Paciocco v Australia and New Zealand Banking Group Limited (2015) 236 FCR 199 R v Gaming Board for Great Britain; Ex Parte Benaim v Khaida [1970] QB 417 Re Pergamon Press [1971] Ch 388 R v Commission for Racial Equality; Ex Parte Hillingdon London Borough Council [1982] AC 779 Sundararajah v Teacher's Federation Health Limited (2011) 283 ALR 720; [2011] FCA 1031 Trans Petroleum (Australia) Pty Ltd v White Gum Petroleum Pty Ltd (2012) 268 FLR 433; [2012] WASCA 165 Trivett v Nivison [1976] 1 NSWLR 312 Unique International College Pty Ltd v Australian Competition and Consumer Commission (2018) 266 FCR 631 Watson v Foxman (1995) 49 NSWLR 315