Garrett v Westpac Banking Corporation [2007] FCA 439

Garrett v Westpac Banking Corporation [2007] FCA 439

Applicant lacked standing for some instruments and failed to plead material facts establishing any cause of action with a reasonable prospect of success. Westpac was not acceptor of the bill, as it did not sign it as such. Statement of claim did not disclose viable claims in contract, negligence, or under the cited statutes. Summary judgment granted and application dismissed with costs.

Parties
Applicant: Andrew Morton Garrett; First Respondent: Westpac Banking Corporation; Second Respondent: Tiernan White; Third Respondent: Carl Zuber
Jurisdiction
Australia
Judgment Date
26 March 2007
Procedural Posture
Application / Summary Judgment/strike Out
Outcome
Application dismissed with costs. Summary judgment for respondents.
Legal Topics
Summary Judgment, Standing, Bills of Exchange, Bank and Customer Relationship
Practice and Procedure Banking and Finance Law Summary Judgment Standing Bills of Exchange Bank and Customer Relationship

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 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Andrew Morton Garrett

Applicant

Westpac Banking Corporation

First Respondent

Tiernan White

Second Respondent

Carl Zuber

Third Respondent

Procedural Posture

Application / Summary Judgment/strike Out

Legal Issues

  1. 1 Whether Mr Garrett has standing to bring the action in respect of the financial instruments
  2. 2 Whether Statement of Claim discloses any viable cause of action against the respondents
  3. 3 Whether Westpac became acceptor of the alleged bill of exchange.

Ratio Decidendi

Applicant lacked standing for some instruments and failed to plead material facts establishing any cause of action with a reasonable prospect of success. Westpac was not acceptor of the bill, as it did not sign it as such. Statement of claim did not disclose viable claims in contract, negligence, or under the cited statutes. Summary judgment granted and application dismissed with costs.

Court Disposition

Application dismissed with costs. Summary judgment for respondents.

Orders

  • The application be dismissed with costs.