Coshott v Commonwealth Bank of Australia

The appeal concerned a dispute between the appellants, Mr. and Mrs. Coshott, and the Commonwealth Bank of Australia regarding a Bills Discount Facility. The appellants alleged that the Bank had made representations concerning the duration of this facility and that the Bank had breached an agreement by charging interest rates higher than agreed upon, specifically by debiting their account with limit excess overdraft rates. The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the Bank had made binding representations as to the duration of the Bills Discount Facility, whether the Bank had breached its contractual obligations concerning the applicable interest rates, and whether the Bank was entitled to charge limit excess overdraft rates on the appellants' account. The appellants also contended that the findings of the primary judge were against the weight of the evidence.

The Court of Appeal considered the terms of the contractual arrangements and the evidence presented. It was held that the Bank was entitled to charge the limit excess overdraft rates. The Court found that the Bank's conduct did not constitute a breach of contract, and the appellants had not discharged the onus of proof in establishing their claims. The Court concluded that the findings of the primary judge were not against the weight of the evidence.

The appeal was dismissed, and the appellants were ordered to pay the costs of the Commonwealth Bank of Australia.