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Australia Case Law

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Misleading or deceptive conduct

Westpac Banking Corporation v Lee

Westpac Banking Corporation v Lee [2013] NSWCA 375

The Court of Appeal dismissed Westpac’s appeal over misleading GPS promotions, holding the product was presented as PEL-like and materially different features were not disclosed.

  • Capital protection features in financial products
  • Misrepresentation
  • Non-disclosure
  • Reliance and causation
  • Comparison of financial instruments
  • Misleading-or-deceptive-conduct
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Contracts law

GE Mortgage Solutions Limited v Jane Susan Fassos

GE Mortgage Solutions Limited v Jane Susan Fassos [2012] NSWSC 1446

The Supreme Court of NSW held that the Contracts Review Act 1980 did not apply to a loan entered into for property investment purposes, and the defendant's dishonest misrepresentations precluded relief.

  • Contracts review act
  • Mortgagee possession
  • Unjust contracts
  • Misrepresentation
  • Asset lending
  • Lo-doc loans
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Contracts law

Perpetual Trustees Victoria v Longobardi

Perpetual Trustees Victoria v Longobardi [2009] NSWSC 654

The Supreme Court of NSW dismissed a cross-claim alleging that a loan agreement and mortgage were unjust and unconscionable, finding the defendants responsible for providing false financial information.

  • Contracts review act
  • Unconscionable conduct
  • Asset lending
  • Mortgages
  • Financial services
  • Contracts-review-act
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.