NSW Caselaw
New South Wales Court of Appeal
CITATION: MBF Australia Limited v Malouf [2008] NSWCA 214
HEARING DATE(S): 6 June 2008
JUDGMENT DATE: 5 September 2008
JUDGMENT OF: Hodgson JA at 1; Ipp JA at 60; Basten JA at 61
DECISION: Appeal dismissed with costs.
CATCHWORDS: EQUITY – Fraud committed on plaintiff by third party – Proceeds of fraud impressed with trust – Proceeds of fraud received by defendant – Whether defendant bona fide purchaser for value without notice – What interest in proceeds acquired when value given without notice – Effect of subsequent notice before full beneficial interest in proceeds acquired. - BILLS OF EXCHANGE – Cheques – Effect of crossing cheque "not negotiable" – Whether defendant acquires rights of a holder in due course.
LEGISLATION CITED: Cheques Act, s 55
CATEGORY: Principal judgment
Barclays Bank Limited v Quistclose Limited [1970] AC 567 Barnes v Addy (1874) LR 9 Ch App 244 Bavins Junior & Sims v London and South Western Bank Limited [1900] 1 QB 270 Black v S Freedman & Company [1910] HCA 58; 12 CLR 105 Citibank Ltd v Papandony [2002] NSWCA 375 CASES CITED: Commercial Bank of Australia Ltd v Flannagan [1932] HCA 51; 47 CLR 461 Evans v European Bank Limited [2004] NSWCA 82; (2004) 61 NSWLR 75 Great Western Railway Company v London and County Banking Co Ltd [1901] AC 414 Hunter BNZ Finance Ltd v C G Maloney Pty Ltd (1988) 18 NSWLR 420 Midland Bank Plc v Brown Shipley & Co Ltd [1991] 1 Lloyd's Rep 576 Morison v London County and Westminster Bank Ltd [1914] 3 KB 356
TEXTS CITED: Mark Hapgood (ed), Paget's Law of Banking (13th ed, 2007) par 15.27
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