NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Westpac Banking Corporation v ZH International Pty Ltd; Bronte Properties Pty Ltd v ZH International Pty Ltd [2015] NSWSC 607 Hearing dates: 11, 12, 13 and 14 May 2015 Date of orders: 22 May 2015 Decision date: 22 May 2015 Jurisdiction: Common Law Before: Adamson J Decision: In proceedings 152651 of 2013
(1) Judgment for the cross-defendant on the amended cross-claim.
In proceedings 184759 of 2013
(1) As against both defendants, an order for possession of the land comprised in folio identifier 8/SP87282 being the land situated at and known as Unit 8, 26 Wallace Street Waverley, in the State of New South Wales.
(2) As against both defendants, leave to issue a writ of possession.
(3) As against the first defendant, an order pursuant to s 74MA(2) of the Real Property Act 1900 (NSW) that it withdraw caveat number AH554634.
(4) Reserve the question of costs pending determination of the Bank's application for an order for indemnity costs. Catchwords: ESTOPPEL – consent or acquiescence – plaintiff bank funded development secured in part by first registered mortgage over development property – defendant builder entered into contract for sale of one unit in development in lieu of payment for construction works – whether bank consented or acquiesced to sale contract so as to displace priority of its security
ESTOPPEL – estoppel in pais – whether bank, due to its conduct, estopped from relying on first registered mortgage to defeat contract for sale
CONSUMER LAW – misleading or deceptive and unconscionable conduct – whether bank's conduct misleading or deceptive or likely to mislead or deceive – whether bank's conduct unconscionable Legislation Cited: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) Trade Practices Act 1974 (Cth) Real Property Act 1900 (NSW) Cases Cited: Ashton v Pratt [2015] NSWCA 12 Commonwealth v Verwayen (1990) 170 CLR 394 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Empirnall Holdings Pty Ltd v McMahon Paull Partners Pty Ltd (1988) 14 NSWLR 523 Grundt v Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641 Hammond v JP Morgan Trust Australia Ltd [2012] NSWCA 295 Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd [2010] HCA 31; 241 CLR 357 Paciocco v ANZ Banking Group Ltd [2015] FCAFC 50 Sidhu v Van Dyke [2014] HCA 19; 251 CLR 505 Tonto Home Loans Australia Pty Ltd v Tavares [2011] NSWCA 389 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Winterton Constructions Pty Ltd v Hambros Australia Ltd (1992) 39 FCR 97 Texts Cited: --- Category: Principal judgment Parties: Proceedings
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate