Madgwicks recently represented John Rose, a successful plastics manufacturer turned investor, in a significant case against the National Australia Bank (NAB). Rose had been conned by a business partner to invest in a high end Gold Coast property investment scheme which resulted in the loss of his entire initial investment (approximately $5 million) and additional profit.

When Rose’s business partner “went to ground” and subsequently became bankrupt, Rose was left as the only possible source of recovery for NAB.

Madgwicks devised a legal strategy that drew on the circumstances surrounding the signing of the guarantees and the fact that NAB was a party to the Code of Banking Practice (the Code), which sets out how a bank should conduct its business, and the banking industry’s key commitments and obligations to customers.

In this instance Justice Elliott in the Victorian Supreme Court ruled that the Code was legally enforceable as a contract, meaning that the guarantees Rose had signed were unenforceable. Walker won what many would have thought an unwinnable battle!

 

Latest Firm News

Workplace Health and Safety Partner Luisa Gonzaga a Partner of the Year Finalist

Congratulations to Madgwicks Lawyers Partner Luisa Gonzaga who has been nominated as a finalist in the Lawyers Weekly Partner of the Year Awards for 2023. The Partner of the Year Awards is the Australian legal industry’s premier event in recognising...
7 June, 2023

Promotions 2023

The Partners at Madgwicks Lawyers are delighted to promote Alexander McGregor to Associate in 2023. Effective from 1 July 2023, his appointment is thoroughly deserved and represents a significant achievement and career milestone. Alexander works within the Corporate Practice of...
29 May, 2023

Recent High Court decision affirms Australia’s reputation as a pro-arbitration and pro-enforcement jurisdiction

Recent High Court decision affirms Australia’s reputation as a pro-arbitration and pro-enforcement jurisdiction The High Court of Australia handed down a decision in the matter of Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l. on Wednesday that reaffirmed Australia’s reputation...
13 April, 2023