Perpetual Trustee Company Limited v Agusta Pty Limited

[2009] NSWSC 1075

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › general contractual principles
3. › whether loan facility renewed for further term
4. › no formal offer and acceptance
5. › lender’s conduct in administration of loan after date of maturity irreconcilable with proceedings commenced by it for possession of security property
1. Contracts
2. › general contractual principles
3. › implied terms
4. › whether term should be implied requiring lender to give borrower a reasonable opportunity to pay instalment after direct debit declined due to lender's error
1. Contracts
2. › general contractual principles
3. › breach
4. › whether borrower in default under loan contract because lender had entered wrong BSB number
5. › last digit of BSB number not clear
1. Contracts
2. › general contractual principles
3. › estoppel
4. › waiver
5. › whether lender estopped from asserting right to higher rate of interest because correspondence was sent to borrower which may have led borrower to believe that the loan facility had been renewed