Valenzuela v Commonwealth Bank of Australia [2017] NSWSC 1243

Supreme Court New South Wales

Medium Neutral Citation: Valenzuela v Commonwealth Bank of Australia [2017] NSWSC 1243 Hearing dates: 30 August 2017 Date of orders: 20 September 2017 Decision date: 20 September 2017 Jurisdiction: Equity Before: Robb J Decision: See paragraph 81. Catchwords: CONTRACTS — Unconscionable conduct — Special disadvantage — Whether plaintiff suffered from a special disadvantage — Whether defendant unconscientiously took advantage of plaintiff to procure execution of deed. Legislation Cited: Limitation Act 1969 (NSW) s 60C Crimes Act 1900 (NSW) ss 61, 316, 327 Cases Cited: Australia & New Zealand Banking Group v Karam (2005) 64 NSWLR 149; [2005] NSWCA 344 Bridgewater v Leahy (1998) 194 CLR 457; [1998] HCA 66 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447; [1983] HCA 14 Category: Principal judgment Parties: Abigail Lucilla Balingit Valenzuela (plaintiff) Commonwealth Bank of Australia (defendant) Representation: Counsel: E Raper (defendant)

Solicitors: Henry Davis York (defendant)

Plaintiff (self-represented) File Number(s): 2017/119909

Judgment 1. The plaintiff in this matter is Ms Abigail Lucilla Balingit Valenzuela. The defendant is the Commonwealth Bank of Australia (the Bank). 2. On 21 April 2017, Ms Valenzuela filed a statement of claim by which she sought various forms of relief from the Bank. 3. Ms Valenzuela has acted for herself in this matter, and she appeared for herself at the hearing that is the subject of these reasons for judgment.