Charlton v National Australia Bank Limited

[2021] NSWCA 111

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Construction and interpretation of trust deed
3. › Express and implied terms
4. › Whether trust deed conferred express power of unilateral retirement
5. › Whether lacuna to be filled by implying power of unilateral retirement
1. Mortgages and Securities
2. › Debt owed under financial facilities
3. › Liability of trustee for debts incurred as trustee
4. › Whether liability for debt only arises once debt becomes payable
5. › Whether retirement as trustee extinguishes pre-existing liabilities
1. Mortgages and Securities
2. › Proceedings for recovery of debt secured by mortgage
3. › Farm Debt Mediation Act 1994 (NSW)
4. › Whether mortgagor was the only relevant 'farmer'
5. › Whether 'satisfactory mediation' was undertaken for the purpose of s 11
6. › Farm Debt Mediation Act 1994 (NSW), ss 4, 6, 8, 9, 10, 11
1. Mortgages and Securities
2. › Proceedings for recovery of debt secured by mortgage
3. › Farm Debt Mediation Act 1994 (NSW)
4. › What constitutes 'enforcement action' under s 10
5. › Whether bank enforcing debt owed under financial facilities constituted 'enforcement action'
6. › Farm Debt Mediation Act 1994 (NSW), ss 4, 10

Quick Take

Debts incurred prior to retirement remain enforceable against the trustee personally, and a claim for debt under facility agreements (as distinct from the mortgage) does not constitute 'enforcement action' under the Farm Debt Mediation Act 1994 (NSW).