District Court
New South Wales
Medium Neutral Citation: WIB Australia Pty Ltd v Bi [2023] NSWDC 571 Hearing dates: 31 October 2023; 1-2 November 2023; 9 November 2023 (plaintiff’s submissions); 16 November 2023 (defendant’s submissions); 23 November 2023 (plaintiff’s submissions in reply); 7 December 2023 (oral submissions) Date of orders: 15 December 2023 Decision date: 15 December 2023 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Verdict and judgment for the defendants.
(2) The Statement of Claim proceedings are dismissed.
(3) Leave to the parties to apply to the Court and to approach the Associate to Dicker DCJ within 7 days to relist the matter for argument in relation to costs.
Catchwords: LOAN AGREEMENTS – whether two defendants executed loan agreements, drawdown notices and consents to caveat – if either or both of the defendants signed the documents in question, what is the consequence of their execution – whether advances made to or at the direction of the two defendants or either of them – what judgment amount could be entered against each defendant
CONTRACT – whether loan agreements are void for uncertainty – whether court should otherwise refuse to enforce the loan agreements – effect of Deed of Settlement and Release and payment received
EQUITY – unconscionable conduct – special disability or disadvantage – whether plaintiff had knowledge
Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth)
Contracts Review Act 1980 (NSW)
Land Title Act 1994 (Qld)
Cases Cited: Blomley v Ryan (1956) 99 CLR 362
Boncristiano v Lohmann [1998] 4 VR 82
Caterjian v Parfit Investments Pty Ltd [2023] NSWCA 178
Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447
Croucher v Cachia [2016] NSWCA 132
Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12; (2018) 261 CLR 544
Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298
Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392
Kowalczuk v Accom Finance [2008] NSWCA 343
Lauvan Pty Ltd v Bega [2018] NSWSC 154
Lazarus v Director of Public Prosecutions (NSW) [2015] NSWSC 426
Magann v The Trustees of the Roman Catholic Church for the Diocese of Parramatta [2020] NSWCA 167
Meehan v Jones (1982) 149 CLR 571
Misan v Markham Real Estate Partners (KSW) Pty Ltd [2023] NSWCA 51
Newell; Muraniti v De Costi [2018] NSWCA 49
Nitopi v Nitopi [2022] NSWCA 162
Payne v Parker [1976] 1 NSWLR 191
Perpetual Trustee Company Ltd v Khoshaba [2006] NSWCA 41
Sangha v Baxter [2009] NSWCA 78
The J & P Marlow (No 2) Pty Ltd v Joseph Haynes [2023] NSWCA 117
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52
Turner v Windever [2005] NSWCA 73
Upper Hunter County District Council v Australian Chilling & Freezing Co Ltd (1968) 118 CLR 429
Category: Principal judgment Parties: WIB Australia Pty Ltd (Plaintiff)
Shainaz Bi (First Defendant)
Shabnum Begum (Second Defendant)Representation: Counsel:
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- Case
- [2023] NSWDC 571
- Decision Date
CaseChat Overview and Summary
The court found that the defendants had executed the loan agreements, drawdown notices, and consents to caveat. However, the court held that the loan agreements were void for uncertainty, and that the court should refuse to enforce them. The court also found that the defendants had not received any advances from the plaintiff. The court found that the plaintiff did not have knowledge of any special disability or disadvantage of the defendants, and that the plaintiff's conduct was not unconscionable. The court dismissed the plaintiff's claim and ordered that judgment be entered for the defendants. The court also dismissed the Statement of Claim proceedings and granted leave to the parties to apply to the Court and to approach the Associate to Dicker DCJ within 7 days to relist the matter for argument in relation to costs.
Orders
Orders of the court
(1) Verdict and judgment for the defendants.
(2) The Statement of Claim proceedings are dismissed.
(3) Leave to the parties to apply to the Court and to approach the Associate to Dicker DCJ within 7 days to relist the matter for argument in relation to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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