NSW Caselaw
New South Wales Supreme Court
CITATION : Sam Management Services (Aust) Pty Ltd v Bank of Western Australia Ltd [2009] NSWSC 676
HEARING DATE(S) : 15 - 17, 19, 30 June and 1 July 2009
JUDGMENT DATE : 17 July 2009
JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Rein J
DECISION : Proceedings dismissed with costs.
CATCHWORDS : CONTRACTS – particular parties – bank and customer – Bank required to act reasonably and fairly to customer by virtue of Code of Banking Practice – whether Bank's refusal to agree to partial refinance and release of securities was unreasonable and unfair – whether implied term that Bank would agree to permit partial refinance – whether any utility in declaration – held Bank had not acted unreasonably and was not required to agree to partial refinance
CATEGORY : Principal judgment
Attorney-General of Belize v Belize Telecom Ltd [2009] UKPC 10 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Lift Capital Partners Pty Ltd v Merrill Lynch [2009] NSWSC 7 CASES CITED : Mediterranean Salvage & Towage Ltd v Seamar Trading & Commerce Inc [2009] EWCA Civ 531 Neeta (Epping) Pty Ltd v Philips (1974) 131 CLR 286 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 Port Jackson Stevedoring Pty Ltd v Salmond and Spraggon (Aust) Pty Ltd (1977) 139 CLR 231 Secured Income Real Estate (Aust) Ltd v St Martin's Investments Pty Ltd (1979) 144 CLR 596
TEXTS CITED : Meagher, Gummow and Lehane's Equity Doctrines & Remedies, 4th ed (2002), LexisNexis Butterworths Sykes and Walker, The Law of Securities, 5th ed (1993), Law Book Co
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