Aktas v Westpac Banking Corporation Limited [2010] Hca 25

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON AND KIEFEL JJPAUL UYSAL AKTAS  APPELLANTANDWESTPAC BANKING CORPORATION LIMITED & ANOR  RESPONDENTSAktas v Westpac Banking Corporation Limited [2010] HCA 254 August 2010S3/2010ORDER1.        Appeal allowed.2.Set aside Order 1 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 9 February 2009 and in its place order that:(a)the appeal by Mr Aktas be allowed with costs;(b)set aside Order 1 of the orders made by Fullerton J on 7 November 2007 and in its place enter verdict and judgment for Mr Aktas for damages in the sum of $50,000 with interest.(c)set aside Order 2 of the orders made by Fullerton J on 29 November 2007 and in its place order that Westpac Banking Corporation Limited ("Westpac") pay the costs of the action by Mr Aktas.3.Westpac to pay Mr Aktas's costs in this Court.4.The parties are at liberty within 28 days to re-list the appeal for further orders if an agreement is reached respecting the interest to be added to the verdict of $50,000.  In the absence of agreement, the question of interest will be remitted for determination by a Judge of the Supreme Court of New South Wales. On appeal from the Supreme Court of New South WalesRepresentationT S Hale SC with A T S Dawson for the appellant (instructed by Penhall & Co Lawyers)J R Sackar QC with K P Smark SC and R J Hardcastle for the first respondent (instructed by Mallesons Stephen Jaques)Submitting appearance for...