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Margin lender's rights restored

19 January 2011 5:32PM
The full bench of the Federal Court ruled yesterday that Bendigo & Adelaide Bank had a legitimate claim to a $4.8 million margin loan account, overturning an earlier decision that margin loan contracts were not legally transferred when the bank bought Macquarie Group's margin lending book in 2009.According to a Bloomberg report the latest ruling, handed down yesterday, clarifies Bendigo & Adelaide's rights in relation to 18,500 margin loan accounts worth $1.5 billion.In the earlier decision, Judge Steven Rares had ruled that the transfer of the accounts from Macquarie to Bendigo & Adelaide's subsidiary Leveraged Equities was not legal and that the lender had acted improperly when it sold the investments of Sydney lawyer Ross Goodridge to meet a margin call.Yesterday those orders were set aside. Goodridge was ordered to return the stock he had been awarded after the first trial.However, the Sydney Morning Herald reports that the full bench was critical of the poor drafting of the original loan agreement, which was described as an "obscure and ambiguous" contract.

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