National Australia Bank Ltd v. Hokit Pty Ltd - Greenwood, Macmillan and Tai Hing Revisited

Bond Law Review, Vol. 8, No. 1, 1996

14 Pages Posted: 17 Jan 2011 Last revised: 25 Jan 2011

David S. Morrison

The University of Queensland - T.C. Beirne School of Law

Patrick Quirk

Ave Maria School of Law; Thomas More Law School; Bond University School of Law

Date Written: 1996

Abstract

The appeal decision of National Australia Bank Ltd v Hokit Pty Ltd raises significant points of law surrounding one of the most common of legal relationships, that of banker and customer. This paper considers the issues raised by Hokit's case, particularly the ambit of the implied contractual duties owed by a customer to a bank. Whilst previous Australian courts have considered customers’ duties in relation to the conduct of the customer's account and dealings with the bank, Hokit's case considered the extent of the duty in the wider context of the particular customer's business practices including, for example, whether a customer owed a duty to prevent irregular banking transactions. Accordingly this paper will first consider the facts of Hokit's case and the judgment of Giles CJ and then the decision of the New South Wales Court of Appeal's consideration of the matter, commenting on the various issues raised.

Keywords: National Australia Bank Ltd v. Hokit Pty Ltd, banks, bank customer duties

Suggested Citation

Morrison, David S. and Quirk, Patrick, National Australia Bank Ltd v. Hokit Pty Ltd - Greenwood, Macmillan and Tai Hing Revisited (1996). Bond Law Review, Vol. 8, No. 1, 1996. Available at SSRN: https://ssrn.com/abstract=1741802

David S. Morrison

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Patrick Quirk (Contact Author)

Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States
(239) 687-5303 (Phone)
(239) 687-5340 (Fax)

HOME PAGE: http://www.avemarialaw.edu

Thomas More Law School ( email )

Level 20, Tenison Woods House, 8-20 Napier St
North Sidney, NSW 2060
Australia

Bond University School of Law ( email )

Gold Coast, QLD 4229
Australia
+61 7 55 95 1111 (Phone)
+61 7 55 95 2246 (Fax)

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