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Budget Stationery Supplies Pty Ltd & Dudley v National Australia Bank Ltd
Judgment date: 25/09/1996
Court: NSWSC
Judge: Santow J
Citation:
(1996) 7 BPR 14,891;
Catchwords: Contract; Interpretation; Admissibility of extrinsic evidence; Ambiguity, inconsistency, and absurdity;
Contract; Void contracts; Uncertainty; Whether contract void for uncertainty;
Contract; Remedies; Rectification; Whether document represented common intention of parties;
Estoppel; Estoppel; Estoppel by representation; Term of loan;
Restitution; Contract; Defences to restitution; Whether change of position or estoppel a defence to restitution;
Guarantees and indemnities; Guarantees; Unconscionability; Spouse with limited commercial knowledge;
Negligence; Causation; Financial and investment advice; Bank advice regarding loan transaction;
Trade and commerce; Trade practices; Misleading or deceptive conduct; Where no intention to mislead;