Garcia v National Australia Bank Ltd 1998 HCA: Date of Judgement: 6th August 1998. Presided over by Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ. The Facts: The appellant executed a mortgage over her home and guaranteed multiple personal loans at the request of her husband so that he could pursue a career in business.. Garcia v National Australia Bank Ltd (1998) 194 CLR 395. Contract; vitiating circumstances; unconscionable dealing. Facts: Mr Garcia owned a gold trading company, and wanted to borrow money from the National Australia Bank to finance his business operations. The bank required Garcia to find security for the loan.
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Garcia v National Australia Bank Ltd.: Resurrecting the Corpus of Yerkey v Jones [Case Note] Facebook. Twitter. Print. Author Sean Bogan. Please access a pdf of this article using the link to the left. < Legislating Liberty - A Bill of Rights for Australia? Reference re Secession of Quebec from Canada: Breaking up Is Hard to Do [Case Note] >. Garcia v National Australia Bank Ltd, [1] was an important case decided in the High Court of Australia on 6 August 1998. The case determined the circumstances under which it is unconscionable for a lender to enforce a transaction against a wife. It is considered a very important case in Australian equity, as it continues to be the leading case.
