NSW Caselaw
New South Wales Court of Appeal
CITATION : Drury v Stone [2000] NSWCA 45 FILE NUMBER(S) : CA 40942/98 HEARING DATE(S) : 21/02/00 JUDGMENT DATE : 16 March 2000
Margaret Drury (Appellant) Christopher Charles Stone (First Respondent) PARTIES : Ross George Drury (Second Respondent) Philip Henry Marks (Third Respondent) Brian Cox (as Executor of the Estate of Esme Florence Mary Marks deceased) (Fourth Respondent) State Bank of New South Wales (Fifth Respondent) JUDGMENT OF : Powell JA at 1; Beazley JA at 2; Fitzgerald JA at 3
LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT 4780/94 FILE NUMBER(S) : LOWER COURT Bryson J JUDICIAL OFFICER :
R.A. Conti QC / A. Ogborne (Appellant) COUNSEL : A.S. Bell (1st Respondent) W.G. Muddle (5th Respondent) Bruce & Stewart (Appellant) Smyth King & Son (1st Respondent) SOLICITORS : Ross George Drury (2nd Respondent) Philip Henry Marks (3rd Respondent) E Philips & Company (4th Respondent) Minter Ellison (5th Respondent) CATCHWORDS : Whether mortgage unjust in the circumstances - Mortgage - orders sought under s 7(1)(b) of Contracts Review Act 1980 that mortgage was void - whether Bank should have advised on the viability of the business - whether Bank should have advised that there was a "real risk" that the appellant would lose her home and the legal effect of a mortgage. LEGISLATION CITED : Contracts Review Act 1980 DECISION : The appeal is dismissed with costs
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate