Case Results

Kahlefeldt Securities v Guruparan [2012] NSWSC 476

11 May 2012

Bransgroves Lawyers acted for the lender back in 2005. At that time, the wife filed a Contracts Review Act defence on the basis that she had a poor education, had little English and was duped by her husband. The lender sought summary judgment for...

RHG Mortgage Corporation v Baira [2011] NSWSC 52

03 June 2011

A husband and wife started a joint business. To obtain start up capital they borrowed on their parents’ homes. For several years the business prospered exceedingly well.

Capital Access Australia v Hraiki [2011] NSWSC 109

04 March 2011

Bransgroves Lawyers acted for the successful lender. The funds were advanced to the nephew and used for his business. The borrowers claimed their signatures were forged by the nephew.

CBA v Usalj [2011] NSWSC 63

17 February 2011

This involved a successful application by Bransgroves Lawyers to set aside default judgment. The father, mother, sister and wife of the borrower guaranteed a loan to the borrower.

Newton v Equititrust Limited [2010] NSWSC 1075

01 October 2010

Bransgroves acted for the successful lender in this case (two separate decisions).Equititrust Ltd v Newton [2010] NSWSC 455 (13 May 2010) and Newton v Equititrust Limited [2010] NSWSC 1075

Equititrust v SLJM [2010] NSWSC 1059

22 September 2010

Bransgroves acted for the successful lender. The loan was to a company the director of which guaranteed the loan. The guarantor claimed the loan was within the Consumer Credit Code because:

First Mortgage Managed Investments v Skyfarm Holdings Pty Ltd [2010] NSWSC 58

12 February 2010

Bransgroves acted for the successful lender.The loan was secured by a rural property. The lender served a notice pursuant to s8 Farm Debts Mediation Act. The borrower did not elect to mediate within the 21 days allowed under the notice.

Winters v HGR Nominees Pty Ltd [2009] NSWSC 467

01 June 2009

Bransgroves successfully acted for the lender in this case where the borrower sued alleging breach of duty in the exercise of its power of sale. Although the proceedings were commenced 10 years after the sale because a mortgage is a deed the 12 year...

HGR Securities v Sayer [2009] NSWSC 427

22 May 2009

Bransgroves successfully acted for the lender in these proceedings. Our client sold a property pursuant to its power of sale under a registered mortgage. The purchaser did not complete the sale within the time prescribed by the contract.

V L Investments v Turner [2009] NSWSC 172

18 March 2009

Bransgroves successfully acted for the lender in these proceedings. Our client sought possession of the land pursuant to its mortgage. The hearing was delayed repeatedly by claims made by the borrower that a decision to grant legal aid was imminent.

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