Commonwealth Bank of Australia -v- Randle & Ors, Commonwealth Bank of Australia -v- Rinhilt Pty Limited [2001] NSWSC 119

Commonwealth Bank of Australia -v- Randle & Ors, Commonwealth Bank of Australia -v- Rinhilt Pty Limited [2001] NSWSC 119

The Bank did not breach its contractual obligations in releasing progress payments, as it acted in accordance with the contract by releasing payments on a pro rata basis aligned with percentage completion and adequate inspections; neither the Bank's errors in internal costing nor minor delays established breach or causation of loss. Mrs Randle's guarantee was not unjust as she understood its effect and was not pressured or misled. The Bank was entitled to judgment for amounts owing, possession, and arrears claimed.

Parties
Plaintiff/cross Defendant: Commonwealth Bank of Australia (ACN 123 123 124); First & Second Defendant/first and Second Cross Claimant: Edwin Alfred Randle; Second Defendant/second Cross Claimant: Pauline Susan Randle; Defendant/cross Claimant: Rinhilt Pty Limited (ACN 003 622 017)
Jurisdiction
Australia
Judgment Date
07 March 2001
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Judgment for plaintiff; cross-claims dismissed.
Legal Topics
Loan Facilities, Guarantees, Progress Payments, Implied Terms, Contracts Review Act, Possession Orders
Banking and Finance Contract Law Property Law Loan Facilities Guarantees Progress Payments Implied Terms Contracts Review Act +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Commonwealth Bank of Australia (ACN 123 123 124)

Plaintiff/cross Defendant

Edwin Alfred Randle

First & Second Defendant/first and Second Cross Claimant

Pauline Susan Randle

Second Defendant/second Cross Claimant

Rinhilt Pty Limited (ACN 003 622 017)

Defendant/cross Claimant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Bank breached its contractual obligations with respect to the timely release of progress payments to Rinhilt Pty Limited
  2. 2 Whether Mrs Randle's guarantee was unjust under the Contracts Review Act 1980
  3. 3 Whether the amounts claimed by the Bank are owing and enforceable

Ratio Decidendi

The Bank did not breach its contractual obligations in releasing progress payments, as it acted in accordance with the contract by releasing payments on a pro rata basis aligned with percentage completion and adequate inspections; neither the Bank's errors in internal costing nor minor delays established breach or causation of loss. Mrs Randle's guarantee was not unjust as she understood its effect and was not pressured or misled. The Bank was entitled to judgment for amounts owing, possession, and arrears claimed.

Court Disposition

Judgment for plaintiff; cross-claims dismissed.

Orders

  • In proceedings 15142/92, verdict and judgment for the plaintiff against the second defendant in the sum of $2,860,368.67.
  • Dismiss the amended cross-claim.