Leach v Commonwealth Bank of Australia

The plaintiff, Leach, sued the Commonwealth Bank of Australia over the sale of properties under a mortgage. The key issue before the court was whether the assignment of the plaintiff’s right to claim damages against the bank was valid, considering the deed was not regularly executed. Additionally, the court needed to determine whether the bank breached its statutory duty under section 85 of the Property Law Act 1974 (Qld) by selling the properties at an undervalue, and whether it had any tortious duty to the plaintiff.

The court examined whether the assignment of the plaintiff’s chose in action was valid despite the absence of proof of the assignor’s signature. The court found that the deed did not comply with the requirements of section 47 of the Property Law Act 1974 (Qld) for a properly executed deed. Consequently, the assignment was deemed invalid. Regarding the sale of the properties, the court held that the bank had fulfilled its duties by obtaining several valuations and engaging a real estate agent. The bank’s decision to sell the properties at a public auction was also upheld, as there was no evidence that the sale price was unreasonably low. The court concluded that the bank had not breached its statutory duties or any tortious duty owed to the plaintiff.

The court dismissed the plaintiff's claims, finding in favour of the defendant. The orders included a judgment in favour of the Commonwealth Bank of Australia and against Leach.