Certificate clause

  • ANZ v Fink [2015] NSWSC 506

    05 May 2015
    This case involved a businessman's dream home that went pear-shaped due to cost overruns. When the bank sought possession the borrower sought to blame the bank. Improvidence / Non-English speaking...
  • Perpetual Trustee v CTC [2015] NSWSC 131

    01 March 2015
    This has been a long running saga. The registered proprietor's brother forged the mortgage. When the registered proprietor raised the forgery as a defence, the lender cross-claimed against the...
  • Bank of Queensland v Fitzgerald [2014] NSWSC 1599

    09 November 2014
    The borrower raised a Contract's Review Act arguing the lender engaged in "asset lending". The Bank conceded that this gave rise to a triable issue. However notwithstanding that triable issue, the...

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