NSW Caselaw
New South Wales Court of Appeal
CITATION : ANZ Banking Group Limited v Ciavarella & 3 Ors [2003] NSWCA 304 HEARING DATE(S) : 16 September 2003 JUDGMENT DATE : 16 September 2003
JUDGMENT OF : Santow JA at 1; Tobias JA at 43; Young CJ in Eq at 44 DECISION : Appeal dismissed. Appellant to pay Respondents' costs on the appeal.
CATCHWORDS : MORTGAGES - Whether the bank was bound by an informal contractual agreement - Did correspondence between the bank and the mortgagee constitute a binding agreement - Did the bank breach the informal contractual agreement by demanding repayment - Whether the acceptance of the agreement was conditional - Can formal mortgages be varied by informal documentation LEGISLATION CITED : Farm Debt Mediation Act of 1994 s11; s15 Brambles Holdings Limited v Bathurst City Council (2001) 53 NSWLR 153 CASES CITED : Masters v Cameron (1954) 91 CLR 353 Pan American World Airways Inc v Commonwealth of Australia (1977) 7 BPR [97629] AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (First Appellant) Anthony Mark CIAVARELLA (First Respondent: ) PARTIES : Susan CIAVARELLA (Second Respondent: ) Anthony Luke CIAVARELLA (Third Respondent) Nicholas Deane Hew CIAVARELLA (Fourth Respondent) FILE NUMBER(S) : CA 40036/03 COUNSEL : M Oakes, SC/ K E Burke (Appellant) M Walton, SC/ M S White (Respondents) SOLICITORS : Minter Ellison Lawyers (Apellant) Kell Moore (Respondents)
LOWER COURT Supreme Court JURISDICTION : LOWER COURT SC 50036/01 FILE NUMBER(S) : LOWER COURT Macready AJ JUDICIAL OFFICER :
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