NSW Caselaw
New South Wales Supreme Court
CITATION : Credit Union Australia Ltd v Lyons [2009] NSWSC 1188
HEARING DATE(S) : 29 October 2009
JUDGMENT DATE : 29 October 2009
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 29 October 2009
DECISION : Refer to paras 32 and 33 of judgment.
CATCHWORDS : BANKING AND FINANCE - Credit union seeks judgment for moneys advanced to customer by mistake – credit union inadvertently left line of credit account open after discharging the mortgages securing that account – first defendant liable as borrower under loan agreement – second defendant liable in restitution for moneys received from first defendant's account - EQUITY – equitable remedies - tracing – some moneys traced to reduction of mortgage debts secured over properties – those properties charged to plaintiff to secure moneys so advanced
LEGISLATION CITED : Civil Procedure Act 2005 (NSW)
CATEGORY : Principal judgment
Ilich v R (1987) 162 CLR 110 Shields v Westpac Banking Corporation [2008] NSWCA 268 CASES CITED : Wambo Coal Pty Ltd v Stuart Karim Ariff [2007] NSWSC 589; (2007) 25 ACLC 809 Kang v Kwan [2002] NSWSC 1187 Boscawen v Bajwa [1996] 1 WLR 328
Plaintiff: Credit Union Australia Ltd PARTIES : 1st Defendant: Tanya Lynette Lyons 2nd Defendant: Wayne John Lyons
FILE NUMBER(S) : SC 2746/09
COUNSEL : Plaintiff: R Harper SC Defendants: n/a
SOLICITORS : Plaintiff: MacGillivrays Solicitors Defendants: n/a
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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