NSW Caselaw
New South Wales Court of Appeal
CITATION: Shields v Westpac Banking Corporation [2008] NSWCA 268 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 17 October 2008
JUDGMENT DATE: 17 October 2008
JUDGMENT OF: Spigelman CJ at [1], [23], [25]; Hodgson JA at [2]; Macfarlan JA at [24]
EX TEMPORE JUDGMENT DATE: 17 October 2008
DECISION: Appeal dismissed with costs.
CATCHWORDS: BANKING AND FINANCIAL INSTITUTIONS – Banker and customer relationship – Money paid under mistake by banker to customer – Whether mistake fundamental – Whether mistake such as to vitiate intention of bank to make payment – knowledge of customer of bank's mistake – Whether trust of money arose immediately.
CATEGORY: Principal judgment
Evans v European Bank Limited [2004] NSWCA 82; (2004) 61 NSWLR 75 Ilich v The Queen (1987) 162 CLR 110 CASES CITED: MBF Australia Limited v Malouf [2008] NSWCA 214 Shields v NSW Crime Commission [2007] NSWCA 309 Westpac Banking Corporation v Ollis [2007] NSWSC 956
Gail Anne SHIELDS (First Appellant) PARTIES: KOALA DEVELOPMENT PTY LIMITED (Second Appellant) WESTPAC BANKING CORPORATION (Respondent)
FILE NUMBER(S): CA 40662/07
COUNSEL: C J DIBB (Appellants) J STEVENSON SC/ N KABILAFKAS (Respondent)
SOLICITORS: --- (Appellants) Henry Davis York (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 50045/06
LOWER COURT JUDICIAL OFFICER: Einstein J
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