NSW Caselaw
New South Wales Supreme Court
CITATION : Clarkson v State Bank of New South Wales Ltd [2006] NSWSC 903
HEARING DATE(S) : 22/05/06, 23/05/06
JUDGMENT DATE : 8 September 2006
JURISDICTION : Equity Division
JUDGMENT OF : Barrett J
DECISION : Proceedings dismissed
CATCHWORDS : BANKING AND FINANCIAL INSTITUTIONS - various claims by customer against bank - alleged representations by bank - alleged delays caused by bank - contract claims not pressed - claims in estoppel, unconscionability and negligence - no basis for liability of bank shown
LEGISLATION CITED : Real Property Act 1900, s.57(2)
Commonwealth v Verwayen (1990) 170 CLR 394 Jones v Dunkel (1959) 101 CLR 298 Murphy v Overton Investments Pty Ltd [2001] FCA 500 CASES CITED : Stilk v Myrick (1809) 170 ER 1168 Timms v Commonwealth Bank of Australia [2004] NSWSC 76 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Wigan v Edwards (1973) 1 ALR 497
PARTIES : John Robert Clarkson - Plaintiff State Bank of New South Wales Limited - Defendant
FILE NUMBER(S) : SC 5488/01
COUNSEL : Plaintiff in person Mr M.T. McCulloch SC/Mr D.F. Villa - Defendant
SOLICITORS : Plaintiff in person Mr J.K. O'Sullivan - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BARRETT J
FRIDAY, 8 SEPTEMBER 2006
5488/01 JOHN ROBERT CLARKSON v STATE BANK OF NEW SOUTH WALES LIMITED JUDGMENT Introduction 1 In these proceedings the plaintiff, John Robert Clarkson, by an amended statement of claim filed on 13 December 2002, seeks various relief against the defendant, State Bank of New South Wales Limited ("The Bank") in respect of a series of dealings between the parties beginning in early 1990. Mr Clarkson bases his claims on the following series of allegations:
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