Bendigo and Adelaide Bank Limited v Zipevski [2018] NSWDC 54

Bendigo and Adelaide Bank Limited v Zipevski [2018] NSWDC 54

The defendant did not opt out of the Victorian class actions and is bound by the Deed of Settlement, which estops him from disputing liability under the Loan Deeds; the law of Western Australia was the proper law of the contracts, so the Contracts Review Act 1980 (NSW) did not apply; the loans were validly assigned to the first plaintiff; and the agent (Mr Makari) was not acting for the plaintiffs. Judgment is granted in debt for the first plaintiff.

Parties
First Plaintiff: Bendigo and Adelaide Bank Limited; Second Plaintiff: ABL Nominees Pty Ltd; Defendant: Michael Zipevski
Jurisdiction
Australia
Judgment Date
20 March 2018
Procedural Posture
Civil / Final Judgment
Outcome
judgment for the first plaintiff; claim of second plaintiff dismissed; costs order against defendant
Legal Topics
Debt Recovery, Assignment of Rights, Power of Attorney, Class Action Settlements, Contracts Review Act 1980 (nsw), Australian Securities and Investments Commission Act 2001 (cth)
Contract Law Conflict of Laws Debt Recovery Assignment of Rights Power of Attorney Class Action Settlements Contracts Review Act 1980 (nsw) Australian Securities and Investments Commission Act 2001 (cth)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 8 Authorities cited 16 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Bendigo and Adelaide Bank Limited

First Plaintiff

ABL Nominees Pty Ltd

Second Plaintiff

Michael Zipevski

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Did the defendant opt out of the class action proceedings in Victoria?
  2. 2 Is the defendant estopped from raising a defence under the May 2014 Deed of Settlement?
  3. 3 Was Mr Makari the agent of either plaintiff?

Ratio Decidendi

The defendant did not opt out of the Victorian class actions and is bound by the Deed of Settlement, which estops him from disputing liability under the Loan Deeds; the law of Western Australia was the proper law of the contracts, so the Contracts Review Act 1980 (NSW) did not apply; the loans were validly assigned to the first plaintiff; and the agent (Mr Makari) was not acting for the plaintiffs. Judgment is granted in debt for the first plaintiff.

Court Disposition

judgment for the first plaintiff; claim of second plaintiff dismissed; costs order against defendant

Orders

  • Judgment for the first plaintiff against the defendant.
  • The claim of the second plaintiff is dismissed.