NAB v Hunter [2013] NSWSC 763

At the end of a three day hearing of the matter, the borrower asked for permission to change her claim against the bank to add two claims – firstly that the bank had contravened provisions of the Code of Banking Practice and secondly that the bank had engaged in misleading and deceptive conduct under the Trade Practices Act.

The bank conceded that it had always been on notice about the claim concerning the Code of Banking Practice and did not oppose these changes. However it argued that the borrower should not be allowed to add the claim for misleading and deceptive conduct.

The judge did not allow the borrower to make the changes about the Trade Practices Act claim, because the proceedings had advanced very far and the parties had already given evidence.

Click here to read the full judgment

Scroll to Top