Reid v Commonwealth Bank of Australia

(2022) 109 NSWLR 149; [2022] NSWCA 134

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Release
3. › Construction of release
4. › General words in deed of release
5. › Whether release extends to claims not known or contemplated at time of execution
6. › Equitable principles restraining unconscientious reliance on general words of release
7. › Whether defence based on release strong enough to justify summary dismissal
1. Practice and Procedure
2. › Summary dismissal
3. › Whether underlying cause of action exists
4. › Whether defence based on release is unarguable answer to claim
5. › Onus on applicant for summary dismissal
1. Equity
2. › Releases
3. › Equitable intervention against reliance on general words of release
4. › Subjective intention of releasor
5. › Whether equitable principle depends on proof of unconscientious conduct by releasee
6. › Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112
1. Consumer Law
2. › Consumer credit
3. › National Credit Code
4. › Whether deed of settlement is a credit contract
5. › Standing of guarantor to seek reopening of credit contract
6. › National Consumer Credit Protection Act 2009 (Cth), Schedule 1, s 76

Quick Take

A broadly worded release does not support summary dismissal of claims where the claimant did not know of or contemplate the facts giving rise to the claim at the time of executing the release, because the equitable principles in Grant v John Grant & Sons Pty Ltd create triable issues that are not amenable to summary determination.