Mortgage Case Notes

  • Pozzebon v Australian Gaming and Entertainment (in liq) [2014] FCA 1034

    An SMSF lender whose security interest in the corporate borrower's personal property was not registered on the PPSR for five months after being entered into lost the charge upon liquidation. The...
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  • Bendigo and Adelaide Bank v Stamatis [2014] NSWSC 1233

    A son borrowed money secured by his parents' house by a mixture of forging their signatures and telling them it was to refinance their mortgage. In fact, they were increasing their loan from $40k to...
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  • CBA v Doggett [2014] VSC 423

    The guarantors heavily invested in a unit complex on the Gold Coast financed by the bank, renting them out as holiday units through their company. They owned a number of other investments on the...
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  • White v White & Registrar of Titles [2014] VSC 449

    The background of this matter involves a husband and wife that entered into a Binding Financial Agreement when they separated. The couple owned two properties as joint tenants. One of the terms of...
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  • CFHW v Burness [2014] VSC 451

    A corporate trustee bought property on behalf of a family trust. The director of the company paid the deposit and the balance was borrowed from a bank. That director later became bankrupt. The...
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  • McDonald's v Bendigo and Adelaide Bank [2014] VSCA 209

    The borrower took out a loan to buy land in Victoria. The borrower later agreed that McDonald's could rent and build a restaurant on the land. As the improvements would form part of the borrower's...
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  • NAB v Wehbeh [2014] VSC 431

    A husband and wife had a home loan. In addition the husband took out a business loan for his business, in which the wife was a guarantor. Both loans went into default. Consequently, the bank sought...
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  • Perpetual Trustees Victoria v Cox [2014] NSWCA 328

    The evidence, although inconclusive, strongly suggested that the broker forged a drawdown request sent to the lender’s solicitor. The money was transferred, as per the direction, to a bank account...
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  • Canty v PaperlinX [2014] NSWCA 309 (5 September 2014)

    A husband and wife guaranteed the debts of their company to a supplier and the supplier sued on the guarantees. The court found in favour of the supplier and the husband and wife appealed. One basis...
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  • Matsoukatidou v CBA [2014] VSCA 229

    The borrowers in this case were mother and daughter. The sought a stay of possession pending appeal of a summary judgment against them for possession. The question arose at the time of the summary...
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