New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Banking and finance


  1. 02/09/2016
    Banking and finance: contract; agreement between bank and customer to open new account; whether a clause in printed terms and conditions limiting the bank’s liability in certain circumstances incorporated into the contract; whether contract cancelled before customer received printed terms and conditions; whether bank took steps reasonably necessary to bring customer’s attention to the limiting clause

    National Australia Bank Limited v Dionys as Trustee for the Angel Family Trust  [2016] NSWCA 242
  2. 10/09/2015
    Banking and finance: mortgagee exercised power of sale; borrower claimed mortgaged property sold undervalued; amendment prior to trial removed allegations of sale at undervalue from cross-claim; borrower given repeated opportunities to provide valuation evidence; no evidence served; no error in refusing further amendment on ninth day of trial
    Neale v Commonwealth Bank of Australia Ltd trading as Bank of Western Australia  [2015] NSWCA 272
  3. 03/09/2013
    Banking and finance: loan facilities; several loans by lender to borrower; proceeds of sales of properties wholly applied towards repayment of loans; action by lender to recover outstanding balances; judgment given; whether interest correctly calculated; whether outstanding balance less than judgment sum
    Mahendran v Chase Enterprises Pty Ltd  [2013] NSWCA 280
  4. 06/06/2013
    Banking and finance: financier proceeding for possession of mortgaged property not precluded from later claiming mortgage debt; whether costs of proceedings recoverable under security documents
    Provident Capital Ltd v Papa (No 2)  [2013] NSWCA 156
  5. 14/05/2013
    Banking and finance: development finance agreement; construction of agreement; whether bank required to make advances beyond the initial sum; meaning of ‘initial funding’; whether ‘initial funding’ was provided when the first and only advance was made under the agreement
    Merton v Bank of Queensland Ltd  [2013] NSWCA 115
  6. 25/03/2013
    Banking and finance: unconscionable conduct; loan application contained false information; failure to conduct interview with borrower to inquire about significant discrepancies in application; Tonto Home Loans Australia Pty Ltd v Tavares [2011] NSWCA 389 distinguished on facts; s 12CB Australian Securities and Investments Commission Act 2001 (Cth); whether financial services were of a kind ordinarily acquired for personal use; s 51AC Trade Practices Act 1974 (Cth); whether financial services acquired for trade and commerce; unnecessary to decide point, but Kowalczuk v Accom Finance Pty Ltd (2008) 77 NSWLR 205 would have been followed; appeal dismissed
    Violet Homes Loans Pty Ltd v Schmidt & Anor  [2013] VSCA 56
  7. 14/08/2012
    Banking and finance: Bank guarantee; deed; guarantee "delivered" to beneficiary; whether physical delivery necessary; construction of guarantee; whether promise to pay contingent on return of original guarantee
    Segboer & Anor v A J Richardson Properties Pty Limited & Anor  [2012] NSWCA 253
  8. 14/02/2012
    Banking and finance: Whether oral contracts formed between bank and customer; bank placing money in term deposit rather than paying off principal of loan; whether bank employee had actual or ostensible authority; appropriate measure of damages
    Guijar v Australia and New Zealand Banking Group Limited; Australia and New Zealand Banking Group Limited v Guijar  [2012] NSWCA 10
  9. 07/10/2009
    Banking and finance: Whether implied term requiring bank to release some security when some facilities repaid
    Sam Management Services (Aust) Pty Ltd v Bank of Western Australia Ltd  [2009] NSWCA 320