NSW Caselaw
New South Wales Court of Appeal
CITATION : Carver & Anor. v. Westpac Banking Corporation [2002] NSWCA 415 FILE NUMBER(S) : CA 40532/02 HEARING DATE(S) : 13 December 2002 JUDGMENT DATE : 19 December 2002
PARTIES : Dean Starr Joseph Carver and Marie Phillippe Cyril Grely Carver - appellants Westpac Banking Corporation - respondent JUDGMENT OF : Mason P at 1; Hodgson JA at 2; Davies AJA at 31
LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT ED4151/00 FILE NUMBER(S) : LOWER COURT Austin J JUDICIAL OFFICER :
COUNSEL : Mr. D. Murr SC with Mr. S. Davis for appellants Mr. S. Rares SC with Mr. A. Losurdo for respondent SOLICITORS : Star Carver & Sons, Padstow for appellants Corrs Chambers Westgarth, Sydney for respondent CATCHWORDS : MORTGAGES - Remedies of mortgagee - Power of sale - Alleged breach of duties - Sale at undervalue - Whether error by primary judge - ND DECISION : Appeal dismissed with costs.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40532/02 SC 4151/00
MASON P HODGSON JA DAVIES AJA
Thursday 19 December 2002 CARVER & ANOR. V. WESTPAC BANKING CORPORATION Judgment 1 MASON P: I agree with Hodgson JA. 2 HODGSON JA: This appeal concerns the exercise by the respondent Westpac of its power of sale under mortgage O481679 in which the appellants are named as borrowers and the first appellant named as mortgagor, and by which the first appellant mortgaged land at Padstow Heights to the respondent to secure an advance of $136,000.00. Following default under the mortgage, on 13 September 1996 the respondent entered into a contract to sell the land for $115,000.00. The appellant brought proceedings in the Equity Division claiming that the respondent breached duties owed to the appellants in relation to the sale, and seeking an account and/or damages. 3 On 31 May 2002, Austin J dismissed the proceedings; and on 5 June 2002 he made an order for costs substantially in favour of the respondent. The appellants appeal to this Court from those orders.
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