Laverick v Westpac Banking Corporation

Laverick brought a claim against Westpac Banking Corporation, alleging wrongful conduct in relation to a mortgage agreement between Westpac and his late de facto partner. The claim was brought by Laverick on the basis of an assignment made by his partner in consent orders of any potential claim she may have had against Westpac in relation to the mortgage. The case was heard in the Supreme Court of New South Wales. The primary legal issues for the court to determine were whether the claim regarding the validity of the loan agreement fell within the scope of the assignment, and whether Laverick had the standing to bring the proceeding. Additionally, the court had to decide whether the statement of claim should be struck out for disclosing no reasonable cause of action.

The court found that the assignment did not encompass the claim regarding the validity of the loan agreement. The assignment was limited to claims arising from the mortgage itself, rather than the underlying agreement that created the mortgage. Furthermore, the court held that Laverick did not have standing to bring the proceeding as the assignment did not confer upon him the right to bring such a claim. The court also ruled that the statement of claim should be struck out because it disclosed no reasonable cause of action against Westpac. The court determined that the claim was not within the scope of the assignment and that Laverick lacked standing to bring the proceeding.

The court ordered that the whole of the statement of claim filed on 18 August 2020 be struck out. Laverick was granted leave to replead, subject to certain limitations. The court also directed the parties to provide further information regarding the timing of any amended claim, the costs of the application, and any other consequential orders.