ANZ Banking Group Ltd v Suja Pty Ltd & Ors [2011] NSWSC 1079

Supreme Court New South Wales

Medium Neutral Citation: ANZ Banking Group Ltd v Suja Pty Ltd & Ors [2011] NSWSC 1079 Hearing dates: 12/04/2011; 20/05/2011; 28/06/2011; 07/07/2011 Decision date: 15 September 2011 Jurisdiction: Common Law Before: Fullerton J Decision: 1. Cross claim dismissed. 2. First cross claimant to pay the costs of the cross defendant on an indemnity basis. Catchwords: POSSESSION - order for possession of property - default of business and home loans - cross claim seeking declaration that company had not exceeded overdraft limit and was not otherwise in breach of its terms - whether bank's payment of money from overdraft facility was unauthorised Legislation Cited: Civil Procedure Act 2005 Cases Cited: Christianos v Aloridge Pty Ltd (1995) 131 ALR 129 Ireland v Livingstone (1872) LR 5 HL 395 Kyabram Property Investments Pty Ltd v Murray [2005] NSWSC 1202; 13 BPR 24,293 Westpac Banking Corporation v Sansom (1994) 6 BPR 13,790 Category: Principal judgment Parties: Australia and New Zealand Banking Group Ltd (Plaintiff/1st Cross Defendant) Suja Pty Ltd (1st Defendant/1st Cross Claimant) Suzanne Harper (2nd Defendant/2nd Cross Claimant) Jason Mitchell Harper (3rd Defendant/3rd Cross Claimant) Representation: P Dowdy (Plaintiff/1st Cross Defendant) In person (2nd Defendant/2nd Cross Claimant) Gadens Lawyers (Plaintiff/1st Cross Defendant) In person (2nd Defendant/2nd Cross Claimant) File Number(s): 2009/296126