NSW Caselaw
Reported Decision : 46 NSWLR 168 150 FLR 336
New South Wales Court of Appeal CITATION : DOVADE PTY LTD & ORS v WESTPAC BANKING GROUP & ANOR [1999] NSWCA 113 FILE NUMBER(S) : CA 40805/95 HEARING DATE(S) : 8-10 December 1998 JUDGMENT DATE : 30 April 1999
PARTIES : Dovade Pty Ltd & 14 Ors v Westpac Banking Group & Anor JUDGMENT OF : Mason P; Sheller JA; Stein JA
LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : CD 50291/94 LOWER COURT JUDICIAL OFFICER : Rolfe J
COUNSEL : C J Stevens QC/A J McQuillen (Appellants) TEF Hughes QC/JE Marshall (Respondents) SOLICITORS : Central Law Solicitors and Attorneys (Appellants) Clayton Utz (Respondents) CATCHWORDS : MISREPRESENTATION; negligent advice; loan agreement; misleading and deceptive conduct; damage; s52 Trade Practices Act ; BREACH OF DUTY OF CARE; whether breach of fiduciary duty; claim for equitable damages; cross-claim; APPREHENSION OF BIAS; waiver; alleged failure to disclose; judge's customer relationship with bank; wife's shareholding; whether direct pecuniary interest in outcome of proceedings; scope of pecuniary interest disqualification DECISION : Appeal dismissed with costs
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40805/95
MASON P SHELLER JA STEIN JA
Friday 30 April 1999
DOVADE PTY LTD & ORS v WESTPAC BANKING CORPORATION & ANOR The appeal is from proceedings heard and determined by Rolfe J in 1995. The respondents are related financial institutions. Bill Acceptance Corporation Ltd ("BACL") is a merchant bank. It is a wholly owned subsidiary of Australian Guarantee Corporation Ltd, which is a wholly owned subsidiary of Westpac Banking Corporation ("Westpac"). The respondents sued Mr and Mrs Jury and several companies in the "Jury Group" for moneys lent or in relation to guarantees of loan agreements. Each of the defendants was found liable. The principal matter litigated at trial was a cross-claim propounded compendiously by each defendant against each of the plaintiffs. Judgments dismissing the cross-claim took effect on 21st November 1995.
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