NSW Caselaw
New South Wales Supreme Court
CITATION : CBA v Silkman [2001] NSWSC 582 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 10388 of 1999 HEARING DATE(S) : 3, 4, 5 and 6 July 2001 JUDGMENT DATE : 6 July 2001
PARTIES : Commonwealth Bank of Australia (Plaintiff/Cross-Defendant) Robert Charles Silkman (Defendant/Cross-Claimant) JUDGMENT OF : Windeyer J at 1
COUNSEL : Mr G K Burton (Plaintiff/Cross-Defendant) Ms M Tzannes (Defendant/Cross-Claimant) SOLICITORS : Corrs Chambers Westgarth (Plaintiff/Cross-Defendant) Sukkar & Associates (Defendant/Cross-Claimant) CATCHWORDS : MORTGAGES - claim for possession on default and judgment for sums secured - defence and cross-claim under Contracts Review Act - real defence loans obtained for purposes not stated on application and not explained to be secured on home - mortgagor alleged payments to bank manager to secure loan - Contracts Review Act defences fail - unpleaded claim of wrongful payments made out but gave no reason to vary written documents - CONTRACTS - Contracts Review Act - contract not unjust when borrower understood basis for liability under a mortgage and had no concern about its terms - EQUITY - unconscionable dealing - no special disability in person obtaining money by means known to be improper LEGISLATION CITED : Contracts Review Act 1980, s7, s9 CASES CITED : Commercial Bank of Australia Limited v Amadio (1983) 151 CLR 447 DECISION : See paragraphs 29 and 30
1 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
WINDEYER J
FRIDAY 6 JULY 2001
10388/99 COMMONWEALTH BANK OF AUSTRALIA v ROBERT CHARLES SILKMAN
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