Westpac Banking Corporation v Billgate Pty Ltd

[2013] NSWSC 1304

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. TRADE PRACTICES -- misleading or deceptive conduct - Trade Practices Act 1975 - Fair Trading Act 1987 - Australian Securities and Investments Commission Act 2001 - whether representations by Bank in contravention of
1. CONTRACT - Contracts Review Act 1980 - whether deed liable to be set aside - whether deed is an "unjust" contract within the meaning of the Contracts Review Act 1980 - whether Bank engaged in unconscionable conduct or exerted economic duress in connection with the deed
1. CONTRACT - terms and conditions - deed of settlement and release - proper construction of deed - whether terms of deed are limited to "known" causes of action at the time of settlement - whether causes of action were sufficiently "known" in any case
1. EQUITY - whether guarantee and deed ought to be set aside - undue influence