Gower, M.L v. Esanda Ltd [1985] FCA 567

Gower, M.L v. Esanda Ltd [1985] FCA 567

The applicant is entitled to relief since he signed documents substantially in blank relying on assurances that they would reflect the agreed terms, but the respondent completed the documents to provide for a different arrangement. This amounted to misleading and deceptive conduct under s.52 of the Trade Practices...

Source-derived case information.

Parties
Applicant: Mark Leveson-Gower; Respondent: Esanda Limited
Jurisdiction
Australia
Judgment Date
15 November 1985
Procedural Posture
Civil / Final Judgment
Outcome
Memorandum of mortgage and contract for loan declared void ab initio; respondent to pay applicant's costs; no order as to damages.
Legal Topics
Misleading and Deceptive Conduct, Contracts, Mortgage, Loan Agreements
Trade Practices Misleading and Deceptive Conduct Contracts Mortgage Loan Agreements

Source-derived case record

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Parties

Mark Leveson-Gower

Applicant

Esanda Limited

Respondent

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the respondent engaged in misleading or deceptive conduct by completing loan and mortgage documents with terms different from those agreed.
  2. 2 Whether documents were signed by the applicant in incomplete form and later altered to reflect terms not agreed.
  3. 3 Whether the applicant is entitled to relief under the Trade Practices Act for misleading or deceptive conduct.

Ratio Decidendi

The applicant is entitled to relief since he signed documents substantially in blank relying on assurances that they would reflect the agreed terms, but the respondent completed the documents to provide for a different arrangement. This amounted to misleading and deceptive conduct under s.52 of the Trade Practices Act, justifying a declaration that the mortgage and contract for loan are void ab initio and an order for costs.

Court Disposition

Memorandum of mortgage and contract for loan declared void ab initio; respondent to pay applicant's costs; no order as to damages.

Orders

  • The memorandum of mortgage and memorandum of contract for loan entered into between the applicant and the respondent and dated 31 August 1982 be declared void ab initio.
  • The respondent pay the applicant's costs of proceedings to be taxed.