Carver and Anor. v Westpac Banking Corporation

The appeal in *Carver and Anor. v Westpac Banking Corporation* concerned a dispute over the exercise of a mortgagee's power of sale. The appellants, Carver and Anor., challenged the sale of their property by the respondent, Westpac Banking Corporation, alleging a breach of duty by the mortgagee. The matter was heard by Mason P, Hodgson JA, and Davies AJA.

The central legal issue before the court was whether the primary judge had erred in finding that the mortgagee had not breached its duty in conducting the sale. Specifically, the court had to consider whether the property was sold at an undervalue and if any errors made by the primary judge in assessing this issue warranted intervention on appeal.

The court's reasoning focused on the established legal principles governing a mortgagee's duty when exercising a power of sale. This duty requires the mortgagee to act in good faith and to take reasonable steps to obtain a proper price for the property. The appellate judges reviewed the evidence presented at trial and the primary judge's findings of fact and law. They concluded that the primary judge had correctly applied these principles and that there was no error in the finding that the mortgagee had discharged its obligations.

Consequently, the appeal was dismissed, and the appellants were ordered to pay the costs of the appeal.