Default judgment

  • Frog Swamp v Statewide Secured Investments [2015] NSWCA 376

    25 November 2015
    The lender obtained defaults judgment and the borrower sought to set them aside over 3 years later. The borrower argued at first instance and on appeal that: The lender was not the creditor because...
  • RHG Mortgage Corporation (formerly known as RAMS) v Cvetkovski [2015] NSWSC 753

    18 June 2015
    A borrower defaulted on three mortgages and the lender obtained judgment for possession. The borrower’s estate was managed by the Office of the Protective Commissioner, by order of the Mental Health...
  • Violi v CBA [2015] NSWCA 15

    02 June 2015
    The bank obtained default judgment against a family company which operated a vineyard, guaranteed by three brothers. One of the brothers applied to have judgment set aside on the basis of unjustness...
  • Hilton v Gidley [2014] NSWSC 874

    02 July 2014
    A sister suffering from schizophrenia provided a guarantee and mortgage for her sister's loan and received none of the proceeds. The borrower defaulted and the lender sought possession. The sister's...
  • NAB v Kamboj [2014] NSWSC 865

    26 June 2014
    The borrowers defaulted on three farm loans and the bank claimed possession. The borrowers admitted the bank's claim but argued the bank was estopped from seeking possession because of...
  • Browning v ANZ [2014] QCA 43

    10 March 2014
    The lender sought judgement for: $6.8 million Two cattle stations Specified livestock This was granted in default of a defence being filed by a Registrar. However being a mixed judgement only a...
  • Pepper Finance v Mackney [2014] NSWSC 196

    04 February 2014
    The lender obtained default judgment. The borrowers failed to have it set aside, but were given at least two months’ to vacate before the writ could be executed. When the lender sought to take...
  • Nazloomian v CBA [2013] NSWSC 681

    04 June 2013
    The loan funds were deposited into the account of the wrong company, which spent them. The borrower had brought a claim against the bank, the broker and the company that got the money. Default...
  • ANZ v Hancock [2013] NSWSC 441

    28 April 2013
    The bank had commenced proceedings after the borrowers defaulted on their mortgage. The borrowers had initially filed a defence that set out the circumstances of the default, being a serious fire...
  • Dimitrovski v Australian Executor Trustees [2013] NSWSC 337

    18 April 2013
    This was “a last ditch attempt by the executor to save a valuable family asset” according to the judge. The lender had claimed possession of secured land because the executors of a deceased estate...

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