Shao v. Crown Global Capital Pty Ltd (in prov liq) ACN 604 292 140 & Anor

Case No. S46/2025
Case information

Lower Court Judgment

19/12/2024 Supreme Court of New South Wales (Court of Appeal) (Leeming, Payne and Adamson JJA)

[2024] NSWCA 302

Catchwords

Contracts – Where Facility Agreement required two lenders nominate a bank account into which proceeds could be paid – Where only one lender nominated an account – Where proceeds of facility paid into nominated account in breach of requirements of agreement such that borrower did not obtain good discharge of its debt – Where proceedings as between the two lenders were litigated – Whether those proceedings amounted to ratification of rogue lender’s nomination such that the borrower obtained good discharge of its debt – Whether right of action now lies against borrower – Where debtor repays a debt in breach of contract by, for example, repaying it into the wrong bank account (or otherwise contrary to the contractual instructions of the creditor) – Whether the creditor can accept repayment of the debt but sue the debtor for damages arising from the breach of contract.

Case Summary

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Documents
03/04/2025 Determination
17/04/2025 Notice of appeal
22/05/2025
22/05/2025
19/06/2025
10/07/2025
Reply (314.53 KB)
02/09/2025 Hearing (Full Court, Brisbane) (AV Recording will not be published)
02/09/2025
02/09/2025
05/11/2025 Judgment (Judgment summary)