Di Maggio v Westpac Banking Corporation Ltd trading as St George Bank Ltd [2018] FCA 1354

Di Maggio v Westpac Banking Corporation Ltd trading as St George Bank Ltd [2018] FCA 1354

The applicant satisfied the requirements for an order under r 7.23 of the Federal Court Rules 2011 (Cth) by demonstrating a reasonable belief about a potential right to relief, insufficient information to decide whether to commence proceedings, and that the contract sought is directly relevant to his decision and to Westpac's potential defence.

Parties
Prospective Applicant: Adam Di Maggio; Prospective Respondent: Westpac Banking Corporation Ltd trading as St George Bank Ltd
Jurisdiction
Australia
Judgment Date
03 September 2018
Procedural Posture
Application for Pre Suit Discovery / Judgment on Contested Application
Outcome
Preliminary discovery granted; costs awarded to applicant.
Legal Topics
Preliminary Discovery, Misleading or Deceptive Conduct, Banking and Finance, Contractual Rights
Practice and Procedure Commercial Law Preliminary Discovery Misleading or Deceptive Conduct Banking and Finance Contractual Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Adam Di Maggio

Prospective Applicant

Westpac Banking Corporation Ltd trading as St George Bank Ltd

Prospective Respondent

Procedural Posture

Application for Pre Suit Discovery / Judgment on Contested Application

Legal Issues

  1. 1 Whether the applicant meets the requirements for pre-suit discovery under r 7.23 of the Federal Court Rules 2011 (Cth)
  2. 2 Whether the applicant has a reasonable belief that he may have a right to obtain relief under s 18 of the Australian Consumer Law
  3. 3 Whether the applicant lacks sufficient information to decide whether to commence proceedings

Ratio Decidendi

The applicant satisfied the requirements for an order under r 7.23 of the Federal Court Rules 2011 (Cth) by demonstrating a reasonable belief about a potential right to relief, insufficient information to decide whether to commence proceedings, and that the contract sought is directly relevant to his decision and to Westpac's potential defence.

Court Disposition

Preliminary discovery granted; costs awarded to applicant.

Orders

  • Westpac to give discovery to the applicant of the contract referred to in the letter dated 29 March 2018 (annexure ADM-22 to the affidavit of Adam Di Maggio sworn 4 May 2018).
  • Discovery is to be provided first to the legal representatives of the applicant by 5 pm on 4 September 2018.