Acceleration clause

  • Minumbra Lancewood v AM Lancewood Investment Nominees [2013] NSWSC 1929

    20 December 2013
    In this case, the borrower sought orders to prevent the lender from enforcing a default notice under a loan agreement. A joint venture was set up by two companies to acquire and operate an...
  • Chapman v CBA [2012] VSCA 162

    31 July 2012
    In this decision of the Victorian Court of Appeal the borrower appealed on the basis that the Code procedure for the issue of notices prior to enforcement had not been met and so the proceedings...
  • Westpac v Parker [2012] NSWSC 514

    15 May 2012
    The borrowers went into default but six months later, brought their mortgage arrears up to date. Pursuant to an acceleration clause in the mortgage, a default made the entire principal owing to the...
  • Westpac v Tesoro [2012] VSC 182

    07 May 2012
    The lender applied for summary judgment against the borrower, seeking possession and a sum of money. The loan and mortgage were Code regulated. The borrower argued that the default notice failed to...
  • NAB v Menere [2010] NSWSC 381

    12 May 2010
    The lender alleged the borrower defaulted under the mortgage and sought possession. The borrower filed a defence raising an estoppel argument which alleged that the loan was part of development...
  • Perpetual v Treloar [2009] NSWSC 386

    17 May 2009
    In this matter possession proceedings were defended on the basis on the s57(2)(b) notice had not been served. However the mortgage manager, Royal Guardian, kept computerised telephone records that...
  • Perpetual Nominees v Aus Constructions [2005] NSWSC 1199

    19 October 2005
    In this case a mortgage included a provision which made the lodging of a caveat over the security a breach of the loan. In the event of a default the mortgage had an acceleration clause. Both the...
  • First Option Credit Union v Williams [2005] NSWSC 855

    29 August 2005
    This was an application by the defendant to amend the defence and also to have the proceedings dismissed as frivolous or vexatious, or no reasonable cause of action was disclosed, or because the...

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