Contributory negligence

  • Bakovski v Lenehan [2014] NSWSC 671

    26 May 2014
    A couple with limited English mistakenly believed they were guarantors to a mortgage to enable someone they trusted, a developer, to borrow money. In actual fact they were the borrowers. This...
  • Provident Capital v Papa [2013] NSWCA 156

    05 July 2013
    The borrower lost her Contracts Review Act claim against the lender and the lender was awarded possession of her property. However, the borrower was successful in seeking damages for negligence from...
  • Provident Capital v Naumovski [2013] NSWSC 40

    08 February 2013
    A husband and wife mortgaged their home for the benefit of their daughter and later refinanced these loans twice. The parents did not receive any of the loan monies and claimed they were the victims...
  • CBA v Hamilton [2012] NSWSC 242

    13 March 2012
    This case involved sham contracts for inflated values designed to dupe the Commonwealth Bank. The wife’s signature was forged on the mortgage and loan. The court held that indefeasibility of the...
  • Valcorp Australia v Angas Securities [2012] FCAFC 22

    08 March 2012
    The lender advanced $2.3m on a first mortgage on the basis of a $3.6m valuation. The lender ultimately the security for $1.7m. The first, second and third mortgagees all sued the valuer. The trial...
  • Angas Securities v Valcorp Australia [2011] FCA 190

    07 March 2011
    This is a case of a negligent valuation of a property provided as security for a loan, where there were three contributory lenders. The court held the valuation contravened s52 of the Trade...

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