Shao v Crown Global Capital Pty Ltd (in prov liq)Citation:[2025] HCA 43Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson JJDate:05 Nov 2025Case Number:S46/2025Read more
Repayment into the account of only one lender without joint nomination did not discharge the debt as the contractual term was a condition precedent. The lender did not waive the breach by prosecuting earlier proceedings, and it was not an abuse of process to proceed against the borrower and guarantor.
- Parties
- Borrower: Shao; Lender: Crown Global Capital Pty Ltd (in prov liq)
- Jurisdiction
- Australia
- Judgment Date
- 05 November 2025
- Procedural Posture
- Civil / Judgment
- Outcome
- claim allowed in part
- Legal Topics
- Breach of Contract, Loan Note, Repayment Obligations, Waiver, Abuse of Process
Case Brief
Summary, issues, holding and outcome
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Parties
Shao
Borrower
Crown Global Capital Pty Ltd (in prov liq)
Lender
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether repayment into account of one lender without joint nomination discharged the debt
- 2 Whether the requirement for joint nomination was a condition precedent to discharge
- 3 Whether the lender waived the breach by prosecuting earlier proceedings against the recipient lender
Ratio Decidendi
Repayment into the account of only one lender without joint nomination did not discharge the debt as the contractual term was a condition precedent. The lender did not waive the breach by prosecuting earlier proceedings, and it was not an abuse of process to proceed against the borrower and guarantor.
Court Disposition
claim allowed in part
Orders
- Repayment by the borrower and guarantor ordered as per contract terms
- Costs awarded to the lender
Full Case Text
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