Yang v Westpac [2011] NSWSC 180

The Court found neither alleged representation (regarding variable interest rates or locked-in investment) was made by Westpac to Mr Yang. No actionable misrepresentation was established; therefore, all claims failed.

Jurisdiction: Australia
Judgment Date: 24 March 2011
Procedural Posture: Principal Judgment / Final Judgment After Trial
Outcome: Statement of claim struck out. Judgment for defendant.
Legal Topics: ['misrepresentation' 'protected Equity Loan' 'australian Securities & Investments Commission Act 2001']

['trade Practices' 'consumer Protection'] ['misrepresentation' 'protected Equity Loan' 'australian Securities & Investments Commission Act 2001']

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Procedural Posture

Principal Judgment / Final Judgment After Trial

Legal Issues

1 ['Whether Westpac represented to Mr Yang that the interest rate would be variable' 'Whether Westpac represented to Mr Yang that termination before loan expiry was not possible']

Ratio Decidendi

Court Disposition

Statement of claim struck out. Judgment for defendant.

Orders

['Statement of claim struck out' 'Judgment for Westpac Banking Corporation' 'Parties to bring in short minutes of order reflecting the reasons' 'Court to hear parties on costs']