WA Court of Appeal Overturns First Instance Decision in Hamersley v Forge

To set-off or not to set-off? That was the question recently answered in the affirmative by the West Australian Court of Appeal in Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) (Receivers and Managers appointed) [2018] WASCA 163. The Court of Appeal held that the judge at first instance was wrong […]

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Westpac Banking Corporation v Jonathon Wilfred Haynes [2017] SASC 23

This case concerned an action brought by the bank against the borrower to recover funds advanced to him. The borrower counterclaimed and argued that the bank breached its obligations to him under Clause 25.1 of the Code of Banking Practice. This case is notable in that unlike all reported cases to date, it was the […]

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