Costs

  • Perpetual Trustees v Menzies [2013] NSWSC 290

    04 April 2013
    The bank had sold the property (belonging jointly to the company and others) but had suffered a shortfall. It wanted to recover the shortfall from the company, however the company had been...
  • Adeeb v Alali [2013] NSWSC 312

    02 April 2013
    The alleged lender commenced proceedings seeking a declaration that a loan was valid, and the extension of a caveat. The alleged lender sought to discontinue proceedings but the second borrower...
  • ANZ v Mishra [2012] NSWSC 1333

    07 November 2012
    The borrower filed a defence alleging misleading and deceptive conduct, unconscionable conduct and estoppel and indicated they would file a cross-claim and never did. They then announced they had...
  • Gadens Lawyers v Beba Enterprises [2012] VSC 519

    01 November 2012
    The borrower defaulted on the loan which resulted in an agreement to settle the debt with the lender on a compromised basis. Part of the settlement agreement included Beba paying $60,000 towards the...
  • Thomas v Balanced Securities [2011] QCA 258

    26 September 2012
    The mortgage was discharged but the disgruntled sole director of the borrower company caused the borrower to bring clawback proceedings against the lender. The borrower lost and was ordered to pay...
  • Whild v GE Mortgage Solutions [2012] VSC 322

    02 August 2012
    The lender won and obtained an order for possession and now sought its costs. The judge noted that costs should ordinarily reflect the contract between the lender and borrower (which normally grants...
  • ANZ v Pollard [2012] SASC 133

    01 August 2012
    This case was only concerned with the reasonableness of enforcement expenses included by the bank in their default notice to the borrowers. The notice was a combined notice which aimed to comply...
  • Big Kahuna Holdings v Kitas (No 2) [2012] NSWSC 858

    31 July 2012
    Judgment had previously been given in this case that the mortgage, which a sister had been pressured by her brother into signing, was unjust. The court held her liable to repay the principal but...
  • CBA v Hamilton [2012] NSWSC 768

    06 July 2012
    Please note we have written another case note on an earlier decision in this matter. Click here to view the earlier decision. The bank successfully sued a solicitor on a forged mortgage and loan for...
  • Citigroup v Stonehouse [2012] WASC 160

    16 May 2012
    Stonehouse argued that the trustee of his family trust was the borrower and not him. The judge rejected this noting: A cursory reading of the security documents shows that not to be the case. The...

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