Westpac Banking Corporation v Robinson [2014] NSWSC 577

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v Robinson [2014] NSWSC 577 Hearing dates: 6 and 7 May 2014 Decision date: 13 May 2014 Jurisdiction: Common Law Before: Adamson J Decision: (1) Judgment for the plaintiff for possession of the land contained in Certificate of Title Folio Identifier 1/412147, being the land situated at and known as 16 Hargraves Street, The Entrance North in the State of New South Wales (the Property). (2) Judgment in the sum of $710,802.75 plus any further amounts that have become due since 28 April 2014. (3) Order that the plaintiff have leave to issue a writ of possession forthwith in respect of the Property. (4) Subject to any party making an application for a different costs order in writing to my Associate within 7 days, order the defendant to pay the plaintiff's costs of the proceedings. (5) Direct the parties to send short minutes of order to my Associate stipulating the judgment sum calculated by reference to (2) above. Catchwords: CONTRACTS - Contracts Review Act 1980 (NSW) - alleged unconscionable, misleading or deceptive conduct - no representation by bank manager that loans would be restructured where he had no authority-combining of facilities not the cause of defendant's losses - allegations of duress and fraud not made out - bank entitled to use the financials of the company of which the defendant was sole director and shareholder for loan application - pressure to enter into contract was self-imposed- cause of defendant's default on loan and inability to refinance due to company's unpaid tax debts

MORTGAGES - allegation that bank ought to have sold property earlier not made out as no such duty owed- bank could not sell the property with vacant possession without court order as defendant was registered proprietor and refused to yield possession Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Contracts Review Act 1980 (NSW) Corporations Act 2001 (Cth), s 182, s 183 Trade Practices Act 1974 (Cth) Cases Cited: Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90 Baltic Shipping Co v Dillon "Mikhail Lermontov" (1991) 22 NSWLR 1 Hoyt's Proprietary Limited v Spencer [1919] HCA 64; (1919) 27 CLR 133 Pendlebury v Colonial Mutual Life Assurance Society Ltd [1912] HCA 9; (1912) 13 CLR 676 Smith v William Charlick Limited (1924) 34 CLR 38 Category: Principal judgment Parties: Westpac Banking Corporation (Plaintiff) Carol Ann Robinson (Defendant) Representation: Counsel: S Docker (Plaintiff) Defendant in person Solicitors: HWL Ebsworth (Plaintiff) No instructing solicitor (Defendant) File Number(s): 2012/234159 Publication restriction: Nil