Wib Australia Pty Ltd v Bi

Wib Australia Pty Ltd brought an action against Bi, seeking to enforce two loan agreements, drawdown notices and consents to caveat. The defendants denied liability. The matter was heard in the Supreme Court of Western Australia. The plaintiff sought to enforce two loan agreements between the parties, drawdown notices, and consents to caveat. The plaintiff also sought to establish that the loan agreements were enforceable and that the defendants had executed the necessary documents. Additionally, the plaintiff sought to establish that advances had been made to or at the direction of the defendants and sought a judgment amount against each defendant.

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.