Wynn v Australia and New Zealand Banking Group Limited

In *Wynn v Australia and New Zealand Banking Group Limited* [1996] NSWCA 569, the New South Wales Court of Appeal considered a dispute between a customer, Mr. Wynn, and Australia and New Zealand Banking Group Limited (ANZ). The core of the disagreement concerned the bank's alleged breach of duty in its handling of Mr. Wynn's account and the subsequent sale of his property.

The Court of Appeal was required to determine whether ANZ had breached its duty of care to Mr. Wynn by failing to exercise reasonable skill and diligence in managing his account, particularly in relation to the circumstances surrounding the sale of his property. A key issue was whether the bank had acted in its own interests to the detriment of Mr. Wynn, and whether the sale of the property was conducted in a manner that was commercially reasonable and in accordance with the bank's obligations.

The Court found that the bank had acted within its rights and had not breached its duty of care. It held that the bank was entitled to take steps to protect its security interest, and that the sale of the property, while perhaps not achieving the highest possible price, was conducted in a commercially reasonable manner. The Court applied principles of contract law and the law of agency, emphasizing that the bank's actions were consistent with its contractual rights and its duty to act in good faith.

Ultimately, the Court of Appeal dismissed Mr. Wynn's appeal, upholding the decision of the lower court.