Leitch, David Henry v Natwest Australia Bank [1995] FCA 818

Leitch, David Henry v Natwest Australia Bank [1995] FCA 818

There was no immediate binding oral contract (the Grix agreement); the only enforceable agreement was the written contract executed July 1989. No misleading or deceptive conduct or unconscionable conduct contrary to the Trade Practices Act or equity was established. No agreement as alleged (the Teroxy agreement) was proved. The receiver and manager was not negligent in the conduct of the receivership. Applicants did not prove any compensable loss or damage. Judgment for the respondents on all claims; cross-claim for the bank succeeds for the proved loan amount plus interest.

Parties
First Applicant: David Henry Leitch; Second Applicant: Alma Margaret Leitch; Third Applicant: Gary David Leitch; Fourth Applicant: Gude Pty Limited (Receiver & Manager Appointed); Fifth Applicant: Glen Pacific Pty Limited (Receiver & Manager Appointed); Sixth Applicant: Glandore Pty Limited (Receiver & Manager Appointed)(In Liquidation); First Respondent / Cross Claimant: Natwest Australia Bank Limited; Second Respondent: Peter Murray Walker
Jurisdiction
Australia
Judgment Date
12 October 1995
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Applicants' claims dismissed; judgment for the bank on cross-claim.
Legal Topics
Oral Contracts, Written Contracts, Misleading and Deceptive Conduct, Unconscionable Conduct, Negligence of Receivers, Damages, Bankruptcy, Statute of Limitations
Contract Trade Practices Equity Banking and Finance Torts Oral Contracts Written Contracts Misleading and Deceptive Conduct +5 more

Case Brief

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Parties

David Henry Leitch

First Applicant

Alma Margaret Leitch

Second Applicant

Gary David Leitch

Third Applicant

Gude Pty Limited (Receiver & Manager Appointed)

Fourth Applicant

Glen Pacific Pty Limited (Receiver & Manager Appointed)

Fifth Applicant

Glandore Pty Limited (Receiver & Manager Appointed)(In Liquidation)

Sixth Applicant

Natwest Australia Bank Limited

First Respondent / Cross Claimant

Peter Murray Walker

Second Respondent

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether an oral contract (the Grix agreement) was concluded and breached
  2. 2 Whether misleading or deceptive conduct occurred under the Trade Practices Act
  3. 3 Whether the respondents engaged in unconscionable conduct under statute or equity

Ratio Decidendi

There was no immediate binding oral contract (the Grix agreement); the only enforceable agreement was the written contract executed July 1989. No misleading or deceptive conduct or unconscionable conduct contrary to the Trade Practices Act or equity was established. No agreement as alleged (the Teroxy agreement) was proved. The receiver and manager was not negligent in the conduct of the receivership. Applicants did not prove any compensable loss or damage. Judgment for the respondents on all claims; cross-claim for the bank succeeds for the proved loan amount plus interest.

Court Disposition

Applicants' claims dismissed; judgment for the bank on cross-claim.

Orders

  • Alma Margaret Leitch dismissed as applicant in her own right
  • Judgment entered for first and second respondents on claim