COMMONWEALTH BANK OF AUSTRALIA v TERREY & ORS [1999] NSWSC 417

COMMONWEALTH BANK OF AUSTRALIA v TERREY & ORS [1999] NSWSC 417

The Second Cross-claimant is entitled to indemnity under the Deed, as the defences of duress or undue influence, estoppel, and failure to mitigate loss are not made out based on the weight of evidence and applicable legal principles.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 May 1999
Procedural Posture
Cross Claim / Judgment
Outcome
Judgment for second cross-claimant against fourth defendant; quantum of judgment yet to be determined; fourth defendant to pay costs of Second Cross-claim.
Legal Topics
['indemnity Under Deed' 'duress or Undue Influence' 'anshun Estoppel' 'failure to Mitigate Loss']
['contract' 'property' 'civil Procedure'] ['indemnity Under Deed' 'duress or Undue Influence' 'anshun Estoppel' 'failure to Mitigate Loss']

Source-derived case record

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Procedural Posture

Cross Claim / Judgment

Legal Issues

  1. 1 ['Whether the first defendant is entitled to indemnity under the Deed' 'Whether the Deed was signed under duress or undue influence' 'Whether the first defendant is estopped from bringing the Claim' 'Whether there was a failure to mitigate loss']

Ratio Decidendi

The Second Cross-claimant is entitled to indemnity under the Deed, as the defences of duress or undue influence, estoppel, and failure to mitigate loss are not made out based on the weight of evidence and applicable legal principles.

Court Disposition

Judgment for second cross-claimant against fourth defendant; quantum of judgment yet to be determined; fourth defendant to pay costs of Second Cross-claim.

Orders

  • ['Second cross-claimant entitled to judgment against fourth defendant on Second Cross-claim.' 'Quantum of judgment to be determined; further argument may occur if no consensus.' 'Fourth defendant to pay costs of the Second Cross-claim.' 'Exhibits may be returned.']