The Banker & Voidable Title: Australian Banking Law Bulletin Vol 7 Aug 1991 p13

The Early Termination of Fixed Term Loan Contract: [1994] Journal of Banking and Finance Law and Practice – March

Mortages over Leasehold – The Dangers of Taking Possession on Default: Australian Banking Law Bulletin Vol 8 No. 9 – May 1993

Doctrine of Ultra Vires: Australian Banking Law Bulletin Vol 9 No 6 Jan 1994

The “Account Payee Only” Crossing – Australian Banking Law Review February 1998

Who has title to sue when a cheque is misappropriated: Australian Banking Law Bulletin Vol 9 No 9 May 1994

Confidential Information

The Bank’s duty of confidentiality arises at common law: Tournier v National Provincial and Union Bank of England [1924] 1 KB 461.

Authority to reveal information Lee Gleeson Pty Ltd v Sterling Estates 23 NSWLR 571

Whether bank has duty to disclose its customers affairs to 3rd parties: Winterton v Hambros 111 ALR 649

Information received during investigation on behalf of Bank of England – whether disclosure lawful: Bank of credit & Commerce v Price Waterhouse [1997] 3 WLR 849 and Robertson v Canadian Imperial Bank of Commerce [1995] 1 AER 824

Entitlement to Claim Monies Paid to Customer Under a Mistake of Fact

Barclays Bank Ltd v Sims Son & Cooke [1979] 3 AER 522

Fiduciary Relationship with Customer

Circumstances in which bank may be in a fiduciary relationship with customer: C’th Bank v Smith 42 FCR 390

Whether bank in fiduciary relationship with customer: CBA v Finding [2001] 1 Qd R 168


Bank paid money by finance company because of customer’s fraud — Whether bank “received” money to be liable to refund it on count for money had and received — Held “No”: Vella v Permanent Mortgages Pty Ltd [2008] NSWSC 505

Loan – Validity of

Borrowings — Validity of loan — Lapse on death — Application for orders — Applicant commenced proceedings against respondent daughter in personal capacity and as executor of deceased mother’s estate: Paulet v Stewart [2009] VSC 60


Whether bank owes duty of care to offer advice – effect of wife’s status as a customer: Barclays v Khaira [1992] 1 WLR 623

Customers — Duty to customer — Claims in breach of contract and breach of (CTH) Trade Practices Act 1974 s 52 — Losses sustained by customer of bank in building project: Fidgeon v Westpac Banking Corp Ltd [2002] VSC 85

Duty of care — Duty not to cause financial loss — Nature of duty owed by banking institutions — Application for damages in negligence — Applicant and wife members of first respondent Australian Central Credit Union and customers of second respondent Westpac Banking Corporation: Politarhis v Westpac Banking Corp; Politarhis v Australian Central Credit Union Ltd [2008] SASC 296


Application for stay of execution of writs for possession – whether inference should be drawn that bank knew of and participated in a fraud – yes: Rubino v Australia and New Zealand Banking Group Ltd[2014] NSWCA 362

 Undue Influence and Unconscionable Conduct

“Unconscionable conduct” and “undue influence” – difference between – In the latter, the will of the innocent party is not independent and voluntary because it is overborne. In the former, the will, even if independent and voluntary, is the result of the disadvantageous position in which the person is placed and the other party unconscionably taking advantage of it: Commercial Bank of Australia v Amadio 151 CLR 447 at 461

Unconscionable conduct — Special disadvantage — Application for damages — Applicants sought damages for misleading and deceptive conduct and negligence resulting from respondent’s exercise of rights under mortgage securities: Rodgers v Australia and New Zealand Banking Group Ltd [2009] QSC 086

Undue influence and allegedly manifestly disadvantageous transactions: National Westminster Bank v Morgan 60 ALJ 87

Bank knowing of mortgagors disability: Commercial Bank of Australia v Amadio 151 CLR 447

Wife signing guarantee for husband’s company – unconscionable dealing – European Asian v Kurland (1985) 8 NSWLR 192; West v AGC (1986) ASC 55-500; European Asian v Lazich (1987) ASC 55-564

Mortgage declared void as a result of unconscionable conduct: Broadlands International Finance v Sly (1987) Aust & NZ Conv Rep 328

No explanation given to wife who signed mortgage on behalf of husbands company: C’th Bank of Aust v Cohen (1988) ASC 55-681

Application to set aside a contract – unconscionable conduct: Westwill v Heath (1989) 52 SASR 461; White v Ormsby (1988) ASC 58,026; Behan v Obelon 60 ALR 752

Wife signing guarantee for husband’s company – unconscionable dealing: Baburn v Baburn (1990) 2 Qd 101