Macri v Westpac Banking Corporation

In *Macri v Westpac Banking Corporation*, the New South Wales Court of Appeal considered an appeal by Mr Macri against a decision of the Supreme Court of New South Wales. The dispute concerned the enforceability of a guarantee provided by Mr Macri in favour of Westpac.

The primary legal issue before the Court of Appeal was whether Mr Macri was entitled to rely on the defence of non est factum, arguing that he did not understand the nature of the document he signed. This defence would render the guarantee void. The Court also had to consider whether, if the defence of non est factum failed, Mr Macri had established any other grounds for setting aside the guarantee.

The Court of Appeal affirmed the principles governing the defence of non est factum. It held that for the defence to succeed, the party seeking to rely on it must demonstrate that they signed the document under a fundamental mistake as to its nature or effect, and that this mistake was not due to their own carelessness. The Court found that Mr Macri had not established the necessary elements of the defence, particularly regarding the absence of carelessness. His Honour was found to have had a sufficient opportunity to understand the document and had not taken reasonable steps to do so.

Consequently, the appeal was dismissed, and the Supreme Court's decision upholding the enforceability of the guarantee was affirmed.