Groves v Groves & Ors

[2013] QSC 277

Supreme Court of Queensland

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Evidence
2. › Burden of proof and weight of evidence
3. › Credibility of witnesses
4. › Failure to call witnesses
5. › [name withheld] v [name withheld] inference
6. › Whether plaintiff proved signatures were not hers
1. Equity
2. › Unconscionable dealings
3. › Married woman's equity
4. › [name withheld] v [name withheld] and [name withheld] v National Australia Bank
5. › Second limb — surety who does not understand purport and effect of guarantee
6. › Whether surety was a volunteer
7. › Whether lender took reasonable steps to ensure understanding
1. Contract
2. › Construction and interpretation
3. › Identification of parties
4. › Use of extrinsic evidence to identify borrower
5. › Whether guarantee valid where debtor not identified on face of document
6. › Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337
1. Contract
2. › Construction and interpretation
3. › Power of attorney
4. › Whether application form empowered attorney to execute guarantee
5. › Surrounding circumstances known to parties

Quick Take

The price of financial services for the purposes of the $3 million exclusionary cap in s 12CC of the ASIC Act and s 51AC of the TPA includes the capital value of the loan guaranteed, not merely the cost of the guarantee itself. A surety who has engaged in a history of joint wealth-building transactions with the principal debtor, including through margin lending, is not a 'volunteer' for the purposes of the married woman's equity. A settlement deed executed by a solicitor with actual authority from the client is binding even where the client did not personally sign it.