Mortgage Case Notes

  • ANZ v Deqmo [2015] QSC 128

    Caveats lodged by cane farmers were ordered to be removed by the court and further caveats were then lodged by a purported lessee. The lender sought their removal and an order against the Registrar...
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  • ANZ v Menzel [2015] QSC 127

    Pursuant to a settlement agreement reached with borrowers following a farm debts mediation, a course was agreed to sell the farms to repay the debt. The lender entered into contracts to sell the...
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  • St George Bank v Hammer [2015] NSWSC 953

    The borrower defaulted on his St George loan and defended the bank’s possession proceedings on the spurious ground that Westpac, to which St George transferred its business, was not the lender and...
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  • Titles Strata Management v Nirta [2015] VSC 366

    The case has been the subject of an earlier case note, where it was held that the wife’s signature was forged and while the fraud could not be sheeted home to the lender, the covenant to pay in the...
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  • National Australia Bank v McCarthy [2015] NSWSC 1040

    The lender obtained default judgment and the borrower sought to have it set aside and a stay of the writ of possession. The borrower argued that it was unconscionable for the lender to lend him...
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  • Gustin Group v Phoenicia Trading [2015] NSWSC 1071

    This was an extremely sad case where a retiree of 75 years invested his entire redundancy package and more, by way of a high interest loan secured on his home as collateral in someone else’s...
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  • Milenkovic v Belleli [2015] VSC 349

    This case concerned competing equitable claims for residue funds paid into court from a mortgagee sale. The wife of the former owner claimed earlier equitable interests by way of trust as to one...
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  • Stacks v Tolteca [2015] QSC 234

    The borrower defaulted on its mortgage and proposed selling the secured property by auction to repay its loan. The lender requested full payment of its debt and legals before granting a discharge,...
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  • Commonwealth Bank of Australia v Sowter [2015] NSWSC 999

    The bank sought possession against a bankrupt and gave notice to the occupiers which did not come to their attention. The occupiers had been making regular weekly payments to the borrower pursuant...
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  • Watts v RHG [2015] WASCA 139

    The lenders obtained summary judgment and an order for possession and the borrower then sought to suspend its enforcement on the basis that judgment was obtained in her absence and the lender’s...
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