Latest Case Notes

The book
Journal
college of law logo

Mortgages

  • Country Law Services v Duff [2007] NSWSC 1509

    12 December 2007
    In this case a solicitor loaned money to a client to pay a judgement debt. The loan was secured by a mortgage but the last two pages of the mortgage were not signed so the mortgage was rejected for registration and a caveat was lodged instead. The...
    View More
  • Buchanan v Crown & Gleeson Business Finance [2006] NSWSC 1465

    31 October 2006
    The Plaintiff registered proprietor sought the withdrawal of the Defendant’s caveat to permit her to discharge her mortgage to the first mortgagee and register a replacement mortgage to another entity. However, the Defendant refused to withdraw their...
    View More
  • Gippsreal v Garner Transport & Haulage [2006] NSWSC 1229

    26 October 2006
    This case concerned an application to extend the operation of a caveat. The interest claimed was pursuant to an obligation in a mortgage. However the mortgage had already been discharged. Therefore, the Court held that there was no seriously arguable...
    View More
  • Barbara Anne Graham v Aluma-Lite Products [2006] NSWSC 476

    24 May 2006
    The Plaintiff sought an order that the operation of a caveat be extended until further order. The Plaintiff also sought an order to restrain the Registrar-General of New South Wales, the second Defendant, from registering any dealing in respect of the...
    View More
  • Integrated Lending v Lion International Holdings [2005] NSWSC 1268

    29 November 2005
    The case concerned an application by a company for an order extending a caveat placed on the Defendant's title. The circumstances of the case were that the Plaintiff loaned money to the Defendant at high rate of interest with the Loan being secured by...
    View More
  • GE Capital Finance v Sunset Investments [2005] NSWSC 1205

    07 November 2005
    The case concerned an unregistered mortgage granted to the Plaintiff, GE Capital Finance Pty as mortgagee. The Plaintiff had advanced moneys by way of a loan to Fenning Timbers (Australia) Pty. Sunset Investments was a guarantor of Fenning’s...
    View More