Bankruptcy

  • Charan v CBA [2015] NSWCA 364

    19 November 2015
    The bank obtained default judgment for possession and sold the home. The husband commenced proceedings against the bank and the trustees in bankruptcy of both his son and wife who owned the home...
  • Elddin v Hamed [2015] NSWSC 654

    31 August 2015
    A purchaser bought a bankrupt’s home, financed by a bank mortgage and also a loan from the bankrupt. The registered owner allowed the bankrupt to tenant the home for an agreed rental but when asked...
  • Application by Westpac - Charara v Konneh [2015] NSWSC 1084

    07 August 2015
    The bank paid surplus funds following the sale of mortgaged property into court and three competing claims were made on the fund – two alleged debtors and the owner of the property, now bankrupt....
  • NAB v NSW [2015] FCA 289

    01 April 2015
    The borrower was declared bankrupt and security became vested in his trustee. The trustee in bankruptcy exercised his power to disclaim the property as ‘onerous property’ pursuant to s 133(1) of the...
  • In the matter of Matlic Pty Ltd (in liq) [2014] NSWSC 1342

    30 September 2014
    The borrower was formed as a trustee of a trust for two couples to make investments. One of the couples was aware of a development in Tumut which was offering a third of the profit for its...
  • Commonwealth Bank v Collins [2014] FCA 1061

    30 September 2014
    The bank brought an application to continue Supreme Court possession proceedings against the bankrupts pursuant to s58(3) of the Bankruptcy Act . The court was not certain that leave to proceed was...
  • Papas v Westpac [2014] FCA 290

    27 March 2014
    The bank bankrupted the borrower notwithstanding that the borrower had claimed he had a defence to the mortgage. The borrower appealed and argued the court ordering the bankruptcy failed to...
  • NAB v State of NSW [2014] FCA 298

    26 March 2014
    The lender served a section 57(2)(b) notice upon a defaulting borrower. However before exercising the lender’s power of sale, the borrower declared himself bankrupt and his property vested in the...
  • Kovarfi v BMT [2014] NSWSC 100

    13 February 2014
    Developers borrowed money to fund a development, the project over-ran and according to a valuation report would have required more money to complete than the undrawn loan moneys. The bank called in...
  • Hargraves Secured Investments v Slaven [2013] NSWSC 673

    30 May 2013
    The matter had already been before the courts for many years, including having had an a determination by the High Court that the Farm Debt Mediation Act applied. The lender argued that the Farm Debt...

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