Jaeger v Bendigo and Adelaide Bank Ltd

Jaeger appealed to the Court of Appeal of New South Wales against a decision of the primary judge that dismissed her application for an injunction to restrain Bendigo and Adelaide Bank Ltd from exercising rights of sale and assignment in relation to certain loan facilities. The dispute concerned the validity of Sale Notices issued by the Bank, which Jaeger contended were not properly authorised and therefore invalid.

The Court of Appeal was required to determine whether Jaeger could raise new points on appeal concerning the authority of the officers who signed the Sale Notices, and if so, whether those points could have been met by evidence at trial. Additionally, the Court considered the legal distinction between a deed permitting the sale of loans by issuing Sale Notices and the actual assignment of a loan, and the difference between an assignment and an offer to assign.

The Court held that Jaeger was not permitted to rely on the new points regarding the authority of the officers, as these were points that could have been raised at trial and met by evidence. The Court further clarified that the Sale Notices constituted an offer to assign the loans, not an assignment itself, and that the deed permitted the Bank to issue such notices. The legal principles concerning the assignment of choses in action and the distinction between an offer and an assignment were applied.

The appeal was dismissed, and Jaeger was ordered to pay the costs of Bendigo and Adelaide Bank Ltd.