Equuscorp Pty Ltd v Glengallan Investments Pty Ltd

Equuscorp Pty Ltd v Codd Equuscorp Pty Ltd v Anderson Equuscorp Pty Ltd v Prendergast Equuscorp Pty Ltd v Thornton Equuscorp Pty Ltd v HGT Investments Pty Ltd [2004] HCA 55
Judgment date
Case number
B93/2003
B94/2003
B95/2003
B96/2003
B97/2003
B98/2003
Before
Gleeson CJ, McHugh, Kirby, Hayne, Callinan JJ
Catchwords

Contract – Loan - Written agreement and prior oral agreement - Written agreement inconsistent with terms of alleged prior oral agreement - No allegation of mistake or claim to rectification - Borrower bound by written agreement.

Contract – Loan - Direction to lender to apply money lent in payment of moneys due from borrower to third party - Series of connected and legally effective transactions creating and satisfying debts - One of those transactions satisfying amount due from borrower to third party - No payment by cheque or cash - Does a loan require the transfer of "real money" - Whether loan made as agreed.

Practice and Procedure – Appeal and new trial - Remitter for further consideration.

Files
55.rtf (44.46 KB)
55.pdf (77.61 KB)