Case S45/2025

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)

[2024] NSWCCA 200

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.