SABA v NATIONAL AUSTRALIA BANK [2000] NSWCA 278

New South Wales Court of Appeal

CITATION : SABA v NATIONAL AUSTRALIA BANK [2000] NSWCA 278 FILE NUMBER(S) : CA 40817/98 HEARING DATE(S) : 4 May 2000 JUDGMENT DATE : 23 October 2000

Sam Saba PARTIES : v National Australia Bank Limited JUDGMENT OF : Handley JA at 1; Giles JA at 21; Heydon JA at 22

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT CL 10195/94 FILE NUMBER(S) : LOWER COURT Sully J JUDICIAL OFFICER :

COUNSEL : J M Ireland QC (Appellant) P R Graham QC/D L Williams (Respondent) SOLICITORS : Eddy & Moloney (Appellant) Dibbs Crowther Osborne (Respondent) CATCHWORDS : CONTRACTS - guarantee and mortgage executed by appellant - appellant claimed to have been misled as to purpose of security - appellant claimed Bank made binding representation to provide finance - finding as to representation crucial to appellant's case - no error in Judge's reasons - Judge dealt with all issues - no unconscionability disclosed in Bank's conduct - GUARANTEE - Bank had no duty of disclosure to director and shareholder of principal debtor LEGISLATION CITED : Contracts Review Act (1980) NSW Trade Practices Act 1974 (Cth) CASES CITED: Taylor v Johnson (1983) 151 CLR 422 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 DECISION : Appeal dismissed with costs

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

40817/98 CLD 10195/94 HANDLEY JA GILES JA HEYDON JA

23 October 2000

Sam SABA v NATIONAL AUSTRALIA BANK LIMITED

CONTRACTS - guarantee and mortgage executed by appellant - appellant claimed to have been misled as to purpose of security - appellant claimed Bank made binding representation to provide finance - finding as to representation crucial to appellant's case - no error in Judge's reasons - Judge dealt with all issues - no unconscionability disclosed in Bank's conduct