National Australia Bank Ltd v Meeke

National Australia Bank Ltd (NAB) sued Mr and Mrs Meeke for the debts of their daughter, Janalyn, under a guarantee. The Meekes counterclaimed alleging misrepresentation, economic duress, unconscionability, and misleading and deceptive conduct. The primary issue was whether the NAB had an obligation to disclose the circumstances of Janalyn's financial position, including the existence of forward exchange contracts (FECs) with Mr Klaassen. The court considered whether the principles of disclosure from Westpac Banking Corporation v Robinson and Commercial Bank of Australia Ltd v Amadio applied to the facts of this case.

The court held that the principles from Westpac Banking Corporation v Robinson and Commercial Bank of Australia Ltd v Amadio did not require the NAB to disclose information about Janalyn's financial position. The court reasoned that the Meekes were already aware of Janalyn's financial position in general terms and that the NAB had no obligation to disclose past circumstances that would not affect Janalyn's financial position or enable the Meekes to protect their position. The court found that there was no misrepresentation, economic duress, unconscionability, or misleading and deceptive conduct on the part of the NAB.

The court dismissed the Meekes' counterclaim and ordered that the NAB's claim against the Meekes succeeds and the Meekes' counterclaim against the NAB and the second defendant fails.