NSW Caselaw
New South Wales Court of Appeal
Westpac Banking Corporation v Murphy [2005] NSWCA 277 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 2 August 2005
JUDGMENT DATE: 18 August 2005
JUDGMENT OF: Santow JA at 1; Ipp JA at 2; Mathews AJA at 3
DECISION: Leave to appeal granted. Appeal allowed. ; Orders made pursuant to this judgment have been varied by judgment [2006] NSWCA 117 dated 15 May 2006.
CATCHWORDS: BANKING AND FINANCIAL INSTITUTIONS - Leave to appeal from District Court judge's refusal to order summary judgment in favour of Westpac - merchant facilities arrangement approved by bank on terms and conditions - payment for solicitor's services from client's credit card - was there a contractual arrangement with the bank or an implied term - was there a genuine dispute that some of the transactions unauthorised - position of a bank in disputes between cardholders and merchants - power to charge back transactions - bank's entitlement to recover monies from merchant.
LEGISLATION CITED: Service and Execution of Process Act (Cth) 1992 s20
WESTPAC BANKING CORPORATION ABN 33 007 457 141 (Claimant/Cross-Opponent) PARTIES: Ian Cockbill MURPHY (Opponent/Cross-Claimant)
FILE NUMBER(S): CA 40009/05
J HOROWITZ (Claimant/Cross-Opponent) COUNSEL: G J C GILBERT/ A D JUSTICE (Opponent/Cross-Claimant)
Minter Ellison (Claimant/Cross-Opponent) SOLICITORS: Ian C Murphy (Opponent/Cross-Claimant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 4085/04
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40009/05 DC 4085/04
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