The Commercial Bank Of Australia Ltd V Amadio (1983)
explanatory Essay
1241 words
The parties to the case are the respondents, Mr and Mrs Amadio and the appellants, The Commercial Bank of Australia. The respondents were two Italian migrants of advanced age, both with limited knowledge of the English language2 and limited formal education.3 Their son’s, Vincenzo Amadio’s company, V. Amadio Builders Pty. Ltd was known to the bank and to the bank manager, Mr Virgo.4 As of October 1976, the company exceeded its overdraft limit of $80,000 and from this time onwards, the company continued to be unable to repay the amount owed. On 18 March 1977, the bank closed the account due to the overdraft. However, on 24 March 1977, the account was reopened by the bank and the credit limit temporarily increased to $270,000. The bank would …show more content…
In this essay, the author
- Explains that the parties to the case are the respondents, mr and mrs amadio, and the appellants, the commercial bank of australia.
- Explains that the bank closed the account on 18 march 1977 due to the overdraft, but the credit limit temporarily increased to $270,000. vincenzo's parents signed a surety of their wicks avenue land.
- Explains that the company went into liquidation and the bank requested the respondents to abide by the terms signed in the guarantee.
- Narrates how the respondents appealed to the supreme court of south australia in amadio v commerical bank of australia ltd.
- Explains that the commercial bank of australia appealed this decision to the high court (gibbs, mason, wilson, deane, and dawson jj).
- Explains that the commercial bank of australia ltd v amadio (1983) hca 151 clr 447, 4513.
- Explains that the principles applied in the supreme court of south australia (full court) from blomely v. ryan did not apply to the case in dispute.
- Analyzes how justice deane states that the appeal should be dismissed due to the appellants taking advantage of the disadvantage suffered by the respondents.
- Explains that justice dawson disagreed with this judgement and determined that the appeal should be allowed. dawson j. found the bank was not guilty of unconscionable conduct as respondents did not suffer from a special disability.
- Explains the high court's decision that the appeal should be dismissed with costs. the verdict reaffirmed the previous decision made in the supreme court of south australia.
- Explains the ratio decidendi, which refers to the reasons for the decision. justice gibbs c.j. concluded that the appellants case should be dismissed as the bank failed to disclose significant information.
- Explains that justice mason j, wilson j and deane j also decided that the appeal should be dismissed. the bank was guilty of unconscionable conduct and took advantage of the respondents' weak position.
- Explains that justice dawson j's dissenting judgment was formed on the evidence that the respondents were not subject to any disadvantage nor were there circumstances that were unusual between the bank and vincenzo’s company.
- Explains that obiter dictum refers to comments ‘made by the way’, which can be ‘persuasive’ to lower and higher courts and are the judges additional views on the case before them.
- Explains that the dissenting decision provided by justice dawson j. constitutes as obiter. the amadio's did not ask any direct inquiries and the bank had no obligation to ‘volunteer’ information to their client.
(1983) HCA 151 CLR 447 2.The Commercial Bank of Australia Ltd v Amadio (1983) HCA 151 CLR 447, 451 3. Ibid 450. 4. Ibid. 5. Ibid 471. 6. Ibid 449. 7. Ibid 472. 8. Ibid 454. 9. Ibid 449. 10. Amadio v Commercial Bank of Australia Ltd (1981) SASC 5303 11. The Commercial Bank of Australia Ltd v Amadio (1981) 95 LSJS, 419 12. The Commercial Bank of Australia Ltd v Amadio (1983) HCA 151 CLR, 447 Ground of Appeal The grounds of appeal the appellants identified is that the principles applied in the Supreme Court of South Australia (Full Court), from the case Blomely v. Ryan did not apply to the case in dispute.13 The appellants further specified that these principles did not apply as “no situation existed that the bank” would not “naturally expect”. In addition, the bank was also unaware of any misrepresentation or impropriety the respondents had suffered and therefore the bank viewed the guarantee as legally valid. 14 Analysis of Decision Justice Gibbs C., identifies in his verdict that the appeal should be dismissed as the bank failed to release information it was required to disclose, due to there being factors that were …show more content…
Moreover, Gibbs C.J states that in order for an agreement to be “unconscientious”, one party must take advantage over any “disabilities” present in the other party. However, he felt that the respondents did not suffer any “disabilities” during the transaction that the bank could have used unfairly.29 The dissenting decision provided by Justice Dawson J. also constitutes as obiter. For example, according to Dawson J., if the respondents had asked questions specifically to the bank, the bank would have been, by law, required to answer those questions. The Amadio’s did not ask any direct inquiries and the bank had no obligation to ‘volunteer’ information to their client.30 ________ 23. 24. The Commercial Bank of Australia Ltd v Amadio (1983) HCA 151 CLR 447, 455 25. Ibid 448. 26. Ibid 488. 27. Ibid
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