Westpac Banking Corporation v Allerton [2016] NSWSC 1076

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v Allerton [2016] NSWSC 1076 Hearing dates: 26 to 27 July and 3 August 2016 Decision date: 08 August 2016 Before: Ball J Decision: 1. Judgment for the plaintiff against the second defendant for the sum of $1,249,424.82 (the Judgment Amount).

2. The second defendant pay interest on the Judgment Amount from the date of judgment up to the date of payment in accordance with s 101 of the Civil Procedure Act 2005 (NSW).

3. The cross-claimant's/second defendant's cross-claim against the first cross-defendant/plaintiff dismissed.

4. The second defendant pay the plaintiff's costs on an indemnity basis. Catchwords: PROCEDURE – whether proceedings should be adjourned EVIDENCE – admissions – leave to withdraw admissions – whether withdrawal of admission inconsistent with case management principles GUARANTEE AND INDEMNITY – banker and customer – whether bank debited customer's account in excess of authority – accuracy of 'Dobbs' certificate COSTS – whether order for indemnity costs appropriate Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Dobbs v The National Bank of Australasia Ltd [1935] HCA 49; (1935) 53 CLR 643 Drabsch v Switzerland General Insurance Co Ltd, Supreme Court of New South Wales, unreported, 16 October 1996 Kyabram Property Investments Pty Ltd v Murray [2005] NSWCA 87 National Australia Bank Ltd v Hokit Pty Ltd (1996) 39 NSWLR 377 Shomat Pty Ltd v Rubinstein (1995) 124 FLR 284 Category: Principal judgment Parties: Westpac Banking Corporation ABN 33 007 457 141 (Plaintiff) Timothy John Allerton (Second Defendant) Representation: Counsel: J Hynes (Plaintiff) P Reynolds (Second Defendant)