Nadia Morgan also known as Nadia Nikoloff v ST. George Bank - a Division of Westpac Banking Corporation

The case of Nadia Morgan (also known as Nadia Nikoloff) versus St George Bank - a Division of Westpac Banking Corporation was heard in the Supreme Court of Western Australia. The appellant, Ms Morgan, sought to overturn a decision by Master Sanderson to dismiss her application to set aside summary judgment. The summary judgment was entered on August 21, 2018, in a mortgage recovery action concerning properties in Queens Park, Western Australia. The master ordered that Ms Morgan give possession of the properties to the respondent Bank within 28 days, with no monetary judgment.

The central legal issue before the court was whether the summary judgment was appropriately granted. The court needed to determine if the loan agreement between Ms Morgan and the respondent Bank was void due to uncertainty, particularly regarding the bank's right to alter the interest rate at will. Additionally, the court had to assess whether there was a real question to be tried concerning the validity of the loan agreement if such a discretionary power was indeed conferred. The court concluded that there was sufficient uncertainty and potential invalidity to warrant a trial, indicating that the summary judgment was not justified.

The court found that the loan agreement could potentially be void due to its ambiguous terms allowing the respondent to unilaterally change the interest rate. This uncertainty and the real question of whether the agreement is invalid if such discretion exists warranted a trial. Consequently, the appeal against the summary judgment was allowed. The court held that Ms Morgan should have been granted leave to defend, and the appeal was therefore upheld, leading to the dismissal of the summary judgment and the reinstatement of the case for further proceedings.