NSW Caselaw
New South Wales Court of Appeal
CITATION : Gattellaro & Anor v Westpac Banking Corporation [2001] NSWCA 76 FILE NUMBER(S) : CA 40763/00 HEARING DATE(S) : 15 December 2000 JUDGMENT DATE : 6 April 2001
PARTIES : Rocco Gattellaro & Yolanda Gattellaro - Appellants Westpac Banking Corporation - Respondent JUDGMENT OF : Priestley JA at 1; Handley JA at 17; Giles JA at 18
LOWER COURT JURISDICTION : Supreme Court - Commercial Division LOWER COURT CD 12474/90 FILE NUMBER(S) : LOWER COURT Hulme J JUDICIAL OFFICER :
COUNSEL : P LeG Brereton SC & G J McVay - Appellants J W J Stevenson - Respondent SOLICITORS : Spencer Whitby & Co - Appellants Henry Davis York - Respondent CATCHWORDS : CONTRACTS REVIEW ACT - banker and customer - company and natural persons, its directors, separately indebted to bank - fresh loan to natural persons from which company's debt paid out - conceded not unjust if natural persons already personally liable for company's debt - whether liable for company's debt - whether guarantee given by which they were personally liable - (by majority) held on facts guarantee given by one of them - the other personally liable for guarantor's debt under existing mortgage - therefore already personally liable - fresh loan not unjust. LEGISLATION CITED : Contracts Review Act 1980 CASES CITED: TNT Management Pty Ltd v Brooks (1979) 23 ALR 325 DECISION : (By majority) appeal dismissed with costs.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40763/00 CD 12474/90 PRIESTLEY JA HANDLEY JA GILES JA
Friday 6 April 2001
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