Banking Code

  • Doggett v Commonwealth Bank [2015] VSCA 351

    17 December 2015
    A bank wrongly approved a loan to a borrower to purchase the management rights of a development, owing to a mistake made by the bank. The bank failed to identify that the borrower’s cash flow would...
  • George 218 v BOQ [2015] WASC 434

    02 December 2015
    A corporate borrower defaulted and the bank sued the corporate guarantors for the shortfall. The guarantors claimed that the bank had breached the Code of Banking Practice and duties owed in...
  • NAB v Rice [2015] VSC 10

    25 March 2015
    A real estate manager with no substantial assets had a friend who was rather wealthy, having made his fortune manufacturing bike helmets. The real estate man convinced the bike helmet man to go into...
  • NAB v Voukidis [2015] NSWSC 185

    12 March 2015
    The bank sought possession. The wife initially sought to argue unjustness under the Contracts Review Act and unconscionability. These claims were abandoned and the bank was granted possession. The...
  • NAB v Smith [2014] NSWSC 1605

    12 November 2014
    A naive, simplistic salesman was talked into buying a two year old business where he worked as a salesman for $2 million. He had no inkling of the businesses financials but the bank did and...
  • CBA v Doggett [2014] VSC 423

    15 September 2014
    The guarantors heavily invested in a unit complex on the Gold Coast financed by the bank, renting them out as holiday units through their company. They owned a number of other investments on the...
  • Neale v Bank of Western Australia [2014] NSWSC 315

    23 March 2014
    The bank sought possession and a monetary judgment for $31m. The borrower admitted the debt but claimed that the bank represented to him that it would ‘lend to him forever’ and that his financial...
  • NAB v Hunter [2013] NSWSC 1642

    10 November 2013
    A husband and wife guaranteed company loans, secured by an earlier all monies mortgage over their home. The bank sought possession and a money judgment against the wife. The wife cross-claimed that...
  • NAB v Hunter [2013] NSWSC 763

    12 June 2013
    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...
  • Williams v CBA [2013] NSWSC 335

    02 April 2013
    A father gave a mortgage to secure a guarantee of a loan to his son to purchase a service station. Unusually there was no default by the son or the father and no claim for possession by the bank....


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