Great Southern refusnik finds no joy from court
Bendigo and Adelaide Bank have prevailed in another court case where a borrower investor in Great Southern wood lots refused to pay.The District Court of South Australia late last week ruled in a favour of the bank.On 29 June 2004 Mr Ling took a loan of A$201,000 from Great Southern Finance, with the loan financed by the then Adelaide Bank. Ling applied the funds from the loans to purchase wood lots in a managed investment scheme promoted by Great Southern, following the advice of his accountant.By late 2009, Ling refused to make payments under the loan, given the poor financial state of the wood lots.In a case that echoes matters canvassed in a class action before the Supreme Court of Victoria - resolved in Bendigo's favour - the SA court reached similar conclusions."The conduct of Great Southern was not misleading conduct," Justice Paul Slattery held."The bank is not burdened with any deleterious effect of any of the conduct of Great Southern and in any event the bank was an innocent bystander and did not conduct itself in any way that constituted a breach of the Trade Practices Act."The interest rates charged under the loan contract are not a penalty."There has been no unconscionable conduct [under the] ASIC Act."