A bank customer fails in a claim that the bank wrongfully paid loan monies into the wrong account causing him loss …
Murray Willson and his wife, Barbara Willson, agreed in family law proceedings to settle the financial matters between them by, in part, the sale of property at 90 Jutland St in Brisbane by Mrs Willson. At settlement, Mr Willson was to receive $312,500 from the sale proceeds as part of the family law settlement agreement.
In separate proceedings in the Supreme Court of Queensland the Bank of Queensland commenced proceedings against Mr Willson as the guarantor of a debt owed by Prestige Pools Paving and Landscapes Pty Ltd. Mr Willson defended the proceedings claiming that the money advanced by the bank was paid into the wrong account in breach of duties that the bank owed himself and his company and thereby preventing him from being in a position to pay the debt that he had guaranteed.
The account into which the bank paid the money was a joint account opened by Mr Willson and his wife, Mrs Willson on 30th October 2008. Mr Willson claimed that the joint account was opened for Mrs Willson’s benefit and he had no obligation to repay any of this money. He further claimed that the bank had no authority to pay the money into the joint account. Mr Willson also claimed that his business collapsed because of the bank’s actions in paying the money into what he claimed was the wrong account.
The court did not accept the evidence of Mr Willson and found that the joint account where the money was paid by the bank had been opened at the request of Mr Willson to advance an investment opportunity of his own.
The court held that the bank had not breached any duty owed to Mr Willson.
COVID-19, the JobKeeper relief package and a success for a taxpayer over the ATO …
A taxpayer, Mr Apted, applied for JobKeeper payments as part of the federal government’s COVID-19 relief package. The Commissioner of Taxation decided that Mr Apted was not eligible for the payments because he did not have an ABN on 12 March 2020.
In the proceedings before NCAT and later on appeal in the Federal Court, it was agreed that Mr Apted was actively engaged in business on 12 March 2020, that on that date he did not have an ABN and that after making an application for an ABN on 10 June 2020 he had an ABN with a “date of effect“ for his ABN registration being 1 July 2019.
In the proceedings brought by Mr Apted in NCAT, in which he was successful, and in the appeal proceedings brought by the Commissioner of Taxation, it was found that Mr Apted had an ABN on 12 March 2020 within the meaning of the JobKeeper eligibility rules. Mr Apted was therefore entitled to receive the JobKeeper support payments.