Gattellaro v Westpac Banking Corporation

[2004] HCA6

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Gattellaro
vWestpac Banking Corporation

Court:

Judges: Gleeson CJ
Mchugh J
Hayne J
Heydon J
Kirby J

Subject References:
Evidence
Judicial notice
Whether judicial notice can be taken that institutions such as the respondent use a standard form of guarantee.
Guarantee
Consequence of person named as co-surety not being shown to have executed guarantee.
Practice and procedure
High Court
Determination of appeal
Appellants' ground of appeal succeeds
Notice of Contention
Whether respondent should have leave to amend contentions sought in motion filed immediately before appeal hearing
Whether outstanding issues should be determined in intermediate appellate court.

Legislative References:
Contracts Review Act 1980 (NSW) - The Act
Evidence Act 1995 (NSW) - s 144
Supreme Court Rules 1970 (NSW) - Pt 15 r 13(2)

Hearing date:
Judgment date: 11 February 2004

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ORDER Appeal dismissed .

Representation :

G J McVay with D M Loewenstein for the appellants (instructed by Spencer Whitby and Co)

J C Sheahan SC with K A Rees for the respondent (instructed by Henry Davis York)