PRELEA AND ANOR v WESTPAC BANKING CORPORATION LTD AND ANOR [1992] NSWCA 188

PRELEA AND ANOR v WESTPAC BANKING CORPORATION LTD AND ANOR [1992] NSWCA 188

There was no evidence before the Court that supported the pleaded estoppel defence, namely, no evidence of representations, assumptions, or conduct by Westpac that would estop enforcement of the guarantee against the claimants. The relevant paragraphs of the defence and cross claim were properly struck out.

Parties
Claimant: Paulette Prelea; Claimant: Prelea Investments Pty Ltd; Defendant/cross Claimant: George Prelea; First Opponent: Westpac Banking Corporation Ltd; Second Opponent: Australian Guarantee Corporation Ltd
Jurisdiction
Australia
Judgment Date
29 May 1992
Procedural Posture
Summons for Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal refused
Legal Topics
Guarantee, Estoppel, Striking Out Pleadings
Contract Law Commercial Law Guarantee Estoppel Striking Out Pleadings

Case Brief

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Parties

Paulette Prelea

Claimant

Prelea Investments Pty Ltd

Claimant

George Prelea

Defendant/cross Claimant

Westpac Banking Corporation Ltd

First Opponent

Australian Guarantee Corporation Ltd

Second Opponent

Procedural Posture

Summons for Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the estoppel defence pleaded by the claimants could be supported by the evidence; whether paragraphs of the further amended defence and the cross claim should be struck out

Ratio Decidendi

There was no evidence before the Court that supported the pleaded estoppel defence, namely, no evidence of representations, assumptions, or conduct by Westpac that would estop enforcement of the guarantee against the claimants. The relevant paragraphs of the defence and cross claim were properly struck out.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal is refused.
  • Claimants must pay the opponents' costs of the application.