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Jamyfive Pty Ltd is runs a high-end clothing business in Melbourne and is a customer...

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Accounting

Jamyfive Pty Ltd is runs a high-end clothing business in Melbourne and is a customer of GBA bank. Nilfour Pty Ltd is a customer of Bank of Brisbane. Nilfour submitted a large order to Jamyfive. Jamyfive was concerned about the financial position of Nifour and therefore, requested their bankers to obtain a credit reference from Bank of Brisbane. Bank of Brisbane replied to Jamyfive stating Nilfour was good for conducting business with but the reference also contained an exclusion clause that the information was given 'without responsibility on the part of this bank or its officials'. Jamyfive went ahead with the'transaction and suffered loss when Nilfour went in to liquidation without paying Jamyfive. Jamyfive sued Bank of Brisbane for the information given in the reference. However, Bank of Brisbane argues that they owe no duty of care to Jamyfive.

Answer the following questions with reference to relevant statutory provisions and case law. lii. Assume, Jamyfive and Nilfour were both customers of GBA bank and GBA bank provided customer information about Nilfour to Jamyfive. What is the relationship between Jamyfive and GBA bank? What is the duty owed by GBA bank to Jamyfive?

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