Westpac Banking Corporation v Jarrett

Westpac Banking Corporation has applied for possession of the mortgaged property at 8 Bataan Place, Kings Park, owned by Glenn Robert Jarrett and Deborah Allison Jarrett, and for payment of the outstanding balance of monies due plus interest. The applicants argue that the respondents are in default in their obligation to repay the mortgage, and there is no defence to the claim. The respondents cross-claim for relief under the Contracts Review Act 1980 (NSW), the Trade Practices Act 1974 (Cth) and the general law. The case was heard together with related proceedings between Glenn Robert Jarrett and others and Australian Guarantee Corporation Limited and Peter James Hedge. The court must decide whether the mortgage is valid, and if the respondents have any defence to the claim for possession and payment. The court also must determine if the respondents' cross-claim for relief is valid.

The court found that the respondents' claim of undue influence was not established, and there was no evidence of any relevant loss or damage. The court did not need to decide if the bank was involved in any undue influence by Mr Jarrett. The court rejected each head of the cross-claim, which effectively removed any defence to the proceedings. An order will be made for possession and for recovery of the amount claimed, together with an appropriate amount for interest. The court will stand the matter over for a short period to enable counsel for Westpac to bring in short minutes of order. At that time, the court will hear any argument as to costs and any other consequential matter.

The court rejected the respondents' cross-claim and found that there was no defence to the claim for possession and payment. The court found that the respondents' claim of undue influence was not established, and there was no evidence of any relevant loss or damage. The court did not need to decide if the bank was involved in any undue influence by Mr Jarrett. The court made an order for possession and for recovery of the amount claimed, together with an appropriate amount for interest. The proceedings were adjourned to a date to be fixed, to enable counsel for Westpac to bring in short minutes of order. At that time, the court will hear any argument as to costs and any other consequential matter.