Garrett v Westpac Banking Corporation [2007] FCA 525

Garrett v Westpac Banking Corporation [2007] FCA 525

The application was dismissed as it disclosed no cause of action with any reasonable prospect of success; the relief sought was misconceived, especially the writ of mandamus, as the respondents were not Commonwealth officers. The applicant was also estopped from litigating the same issues previously decided in Garrett v Westpac Banking Corporation [2007] FCA 439.

Jurisdiction
Australia
Judgment Date
13 April 2007
Procedural Posture
Application / Application for Relief (dismissal on Court's Own Motion)
Outcome
Application dismissed
Legal Topics
['bills of Exchange' 'trusts—trustee Standing' 'banking—duty of Care' 'breach of Contract' 'summary Dismissal' 'writ of Mandamus' 'estoppel']
['banking Law' 'trusts Law' 'civil Procedure'] ['bills of Exchange' 'trusts—trustee Standing' 'banking—duty of Care' 'breach of Contract' 'summary Dismissal' 'writ of Mandamus' 'estoppel']

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Procedural Posture

Application / Application for Relief (dismissal on Court's Own Motion)

Legal Issues

  1. 1 ['Whether the applicant disclosed any cause of action with reasonable prospect of success' 'Whether the sight drafts were valid and enforceable banking instruments' 'Whether respondents breached any duty owed to the applicant' 'Standing of the applicant to sue as trustee' 'Whether a writ of mandamus could be issued against the respondents']

Ratio Decidendi

The application was dismissed as it disclosed no cause of action with any reasonable prospect of success; the relief sought was misconceived, especially the writ of mandamus, as the respondents were not Commonwealth officers. The applicant was also estopped from litigating the same issues previously decided in Garrett v Westpac Banking Corporation [2007] FCA 439.

Court Disposition

Application dismissed

Orders

  • ['The application filed on 3 February 2007 be dismissed.']