The King v. McGregor
Case No.
S45/2025
Case Information
Lower Court Judgment
1/11/2024 Supreme Court of New South Wales (Court of Criminal Appeal) (Bell CJ; Kirk JA; Harrison CJ at CL; Davies J; Sweeney J)
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.
Documents*
03/04/2025 Determination
17/04/2025 Notice of appeal
22/05/2025 Written submissions (Appellant)
22/05/2025 Chronology (Appellant)
19/06/2025 Written submissions (Respondent)
10/07/2025 Reply
*The due dates shown for documents on this page are indicative only.