LEE GLEESON PTY LIMITED V STERLING ESTATE PTY LTD  23 NSWLR 571
Supreme Court of NSW – 30 May 1991
A builder issued proceedings against a property owner (“the owner”) for unpaid building work.
The property owner’s bank informed the builder that it had authority from its customer to make payments on behalf of that customer to the builder.
The customer cancelled those instructions.
The builder had been concerned that the property owner could not afford to pay for the building works. The builder claimed that the bank had agreed to pay it for the building work. The bank held mortgages over the land where the building works was conducted.