Guijar v Australia and New Zealand Banking Group Limited; Australia and New Zealand Banking Group Limited v Guijar [2012] NSWCA 10

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Guijar v Australia and New Zealand Banking Group Limited; Australia and New Zealand Banking Group Limited v Guijar [2012] NSWCA 10 Hearing dates: 1 November 2011 Decision date: 14 February 2012 Before: Campbell JA at [1] Handley AJA at [97] Sackville AJA at [98] Decision: (1) The application of Mr Guijar for leave to appeal from the decision in the Supreme Court given on 3 March 2011 is dismissed. (2) The application of the Bank for leave to appeal from the decision in the Supreme Court given on 3 March 2011 is granted. (3) Order the Bank to file a Notice of Appeal in the form of the draft contained in its White Book, within 14 days. (4) Allow the appeal of the Bank from the decision in the Supreme Court given on 3 March 2011. (5) Set aside the orders made in Supreme Court in this matter on 3 March 2011. (6) In lieu thereof order that the appeal from the decision of his Honour Magistrate Maloney dated 30 September 2009 be dismissed, with costs. (7) Order Mr Guijar to pay one-half of the total costs of the Bank of the two applications for leave to appeal and of the Bank's appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: BANKING - whether oral contracts formed between bank and customer - bank placing money in term deposit rather than paying off principal of loan - whether bank employee had actual or ostensible authority - appropriate measure of damages