NSW Caselaw
New South Wales Court of Appeal
CITATION : Citibank Limited v Ueckermann [2002] NSWCA 357 FILE NUMBER(S) : CA 40193/02; 40557/02 HEARING DATE(S) : 24/10/02 JUDGMENT DATE : 5 November 2002
PARTIES : Citibank Limited (Appellant) Anke Ueckermann (Respondent) JUDGMENT OF : Spigelman CJ at 1; Handley JA at 2; Ipp JA at 3
LOWER COURT JURISDICTION : District Court LOWER COURT DC 9331/99; DC 1161/00; DC 1983/00 FILE NUMBER(S) : LOWER COURT Chesterman ADCJ JUDICIAL OFFICER :
COUNSEL : M Slattery QC/R D Marshall (Appellant) J E Sexton SC/L Tyndall (Respondent) SOLICITORS : Deacons (Appellant) Slade Manwaring (Respondent) CATCHWORDS : BANKING - appeal - bank and customer relationship - instruments used to transfer bank account holders - whether correct instrument was used to open a new account - where standard banking practice had not been followed - whether contract formed by bank's subsequent conduct - whether evidence able to establish if standard banking procedure for new accounts followed - where failure to follow usual banking practice does not affect the terms of the contract - turns on own facts - appeal dismissed - PRACTICE AND PROCEDURE - application for leave to appeal against Sanderson order - application dismissed. ND LEGISLATION CITED : Conveyancing Act 1919, s 12 DECISION : (1) Appeal dismissed with costs (2) Application for leave to appeal (against Sanderson order) dismissed (3) Appellant to pay Respondent's costs of the Application.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40193/00 CA 40557/02
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