Recent Cases

Merciful Group Inc v Norfina Ltd t/as Suncorp Bank [2026] NSWCA 155 (04 August 2026) (Bell CJ, Leeming and Stern JJA)


Catchwords:


BANKING AND FINANCE – banker and customer – contract – power to close account immediately in certain circumstances, including “to protect our Legitimate Interests” – grammatical error in standard terms – whether bank had to establish that it was “necessary” to protect its Legitimate Interests – whether contract should be construed with least violence to text – concession that Bank added in good faith and rationally – whether exercise of power required opinion to be reasonably formed – bank officer not cross-examined on basis that he had acted unreasonably – primary judge found bank officer had acted reasonably – even if clause required opinion to be reasonably formed, power available – appeal dismissed