Westpac Banking Corporation v McMillan & Melbas on the Park Pty Ltd (Formerly Credit Systems Australia Pty Ltd)

The case between Westpac Banking Corporation and McMillan & Melbas on the Park Pty Ltd (formerly Credit Systems Australia Pty Ltd) was heard in a court of equity. The primary concern was the validity of charges over certain property that the first respondent had granted to the applicant. Additionally, the court examined whether the business property, including the business name "Melba’s On The Park" and its associated logo, was encompassed within the property subject to the charges.

The legal issues before the court involved the interpretation of a deed of assignment and the nature of the charges over the property. Specifically, the court had to determine if the assignment was a true transfer of title to the property or merely a security. The court also needed to decide if the first respondent's purported assignment of the property to the second respondent was effective, given the prohibition on disposing of or encumbering the property without the applicant's consent.

The court examined the circumstances surrounding the parties and their relationship to interpret the deed of assignment. It admitted evidence to clarify the nature of the assignment. In ruling, the court found that the assignment was not a true transfer of title but rather a security. The court also held that the assignment was ineffective because it was made without the applicant's consent, which was prohibited by the terms of the charges. Consequently, the court declared that the applicant was not bound by the terms of a joint venture agreement dated 1 July 2007 between Rynah Pty Ltd and Melbas On The Park Pty Ltd (formerly Credit Systems Australia Pty Ltd). The court ordered the respondents to deliver all relevant documents to the applicant within seven days. The terms regarding the deed of assignment and the business name and corporations name declarations were to be settled by counsel according to the court's reasons.