Siahos & Anor v J P Morgan Trust Australia Limited [2009] NSWCA 20

New South Wales Court of Appeal

CITATION: Siahos & Anor v J P Morgan Trust Australia Limited [2009] NSWCA 20

HEARING DATE(S): 9 February 2009

JUDGMENT DATE: 5 March 2009

JUDGMENT OF: Giles JA at 1; McColl JA at 2; Macfarlan JA at 3

(a) Appeal allowed. (b) Declare that the respondent is not entitled to recover from the appellants or retain from the proceeds of sale of the subject property the amount of $181,682.82 (or any interest thereon). DECISION: (c) Confirm the order for possession made by the primary judge on 13 March 2008. (d) The respondent to pay the appellants' costs of this appeal. (e) Remit the proceedings to Harrison J to hear and determine any applications as to costs at first instance that may be made to him.

CATCHWORDS: POWERS OF ATTORNEY - attorney authorised respondent to direct portion of loan moneys to a bank to enable completion of a purchase by him - ambit of Attorney's authority - Powers of Attorney Act 2003 s.12 - whether benefit conferred on Attorney - whether Attorney possessed ostensible authority to act on appellants' behalf

Contracts Review Act 1980 LEGISLATION CITED: Powers of Attorney Act 2003 Suitors' Fund Act 1951

CATEGORY: Principal judgment

Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; (2004) 218 CLR 451 CASES CITED: Spina v Conran Associates Pty Ltd [2008] NSWSC 326 Sweeney v Howard [2007] NSWSC 852 The Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447

PARTIES: Prokopios Siahos and Chrisoula Siahos (Appellants) J P Morgan Trust Australia Limited (Respondent)