Costs

  • KBL Mining v Kidman Resources [2015] NSWSC 515

    07 May 2015
    An entity that owned a mine obtained funding through notes issued by it and gave security over its mine. The lender assigned its rights to the mine’s competitor and the new lender alleged default....
  • 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...
  • Perpetual Trustee v CTC [2015] NSWSC 130

    17 February 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...
  • Perpetual Trustee Company v Papantoniou [2014] NSWSC 885

    02 July 2014
    The primary case was decided in favour of two brothers as against a solicitor who bought out their sister's interest with loan secured over the property and by the brothers' guarantees. The...
  • Gray v Latter [2014] NSWSC 207

    10 March 2014
    The court ordered costs to follow the event on the basis that the borrowers had been substantially successful, even though they had failed on a number of the matters raised by way of defence and...
  • ANZ v Pola [2014] NSWSC 59

    11 February 2014
    The bank lent on three properties to three borrowers. The borrowers defaulted but the bank sued only one of the borrowers and for possession of two of the properties. A cross-claim was made by the...
  • 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...
  • Brokate v Sloan Legal [2013] SASC 87

    05 June 2013
    The borrowers defaulted and the lender had been given an order for possession. The borrower refinanced the mortgage debt but had also been ordered to pay the lender’s enforcement expenses (which was...
  • Provident Capital v Anderson [2013] NSWSC 705

    30 May 2013
    The borrower retained a dodgy solicitor on 8 May 2013 who immediately wrote (but did not send) a letter to the lender alleging that it had not complied with the Farm Debt Mediation Act and that the...
  • Jin v St George Bank [2013] NSWSC 291

    04 April 2013
    The guarantor brought a claim against the bank to have the mortgage and guarantee set aside on the grounds that they were forgeries and/ or alternatively on the grounds of the Contracts Review Act....

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