Westpac Banking Corporation v Munk [2012] NSWSC 1576

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v Munk [2012] NSWSC 1576 Hearing dates: 10 December 2012 Decision date: 17 December 2012 Before: McCallum J Decision: Defendants' application for extension of time for instituting appeal against decision of Associate Judge granted; appeal allowed in part; orders at first instance set side and in lieu thereof judgment entered for the plaintiff in a sum to be calculated in accordance with this judgment. Catchwords: APPEALS - appeal against summary judgment - whether Associate Judge erred in finding proposed defence was hopeless - where defendants claimed promissory estoppel precluded enforcement of facilities but only until a date already passed - whether summary judgment ought to have included default interest from earlier date - whether suspension clause precluded point being raised Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Bank of Western Australia Ltd v O'Brien [2012] NSWSC 456 GE Capital Australia v Davis [2002] NSWSC 1146 Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Westpac Banking Corporation v Munk [2012] NSWSC 504 Category: Principal judgment Parties: Westpac Banking Corporation (plaintiff) Michael Munk (first defendant) Susan Jayne Lyness-Munk (second defendant) Representation: Counsel: A Lo Surdo SC, B Koch CR de Robillard Solicitors: HWL Ebsworth Lawyers (plaintiff) Kent Attorneys (defendants) File Number(s): 2010/290800 Publication restriction: None