Default notices

  • Ward v Smart So Hoe [2015] VSC 691

    04 December 2015
    A lender sued for possession and judgment. The guarantor who mortgaged his property as collateral for the loan counterclaimed for redemption. The court found the lender’s default notice was invalid...
  • Salta Constructions v St George Bank [2014] VSCA 289

    18 November 2014
    We previously reported on the trial at first instance . This note is about the appeal. St George (as first ranking mortgagee) sold the property for $20 million and retained all the money against a...
  • Permanent Custodians v Portland Terrace [2013] VSC 544

    14 October 2013
    The lender alleged the borrower default by failing to provide the information requested by the lender relating to its business. The judge refused summary judgement noting: There is a respectable...
  • Wilde v Morgan [2013] VSCA 250

    19 September 2013
    A defaulting borrower was served with a default notice at the property's address rather than his PO Box used for previous communications and he challenged the validity of the default notice and the...
  • GE Mortgage Solutions v Whild [2013] VSC 503

    17 September 2013
    The borrower defaulted as a result of the lender failing to upload new account details onto its computer system. The lender took possession and sold one of the mortgaged properties to a third party....
  • Wilde v Morgan [2013] VSC 330

    27 June 2013
    The borrower defaulted and the lender took possession. The borrower was trying to restrain the lender from selling the property and argued that the Default Notice had not been properly served and...
  • CBA v Kilpatrick [2013] NSWSC 169

    08 March 2013
    The borrower claimed default judgment was obtained illegally because there had been a failure to serve the s 88 notice under the National Credit Code. However the judge noted that strict compliance...
  • Trust Company v Berry [2012] NSWSC 1260

    18 November 2012
    The borrower defaulted on a mortgage and was served with two invalid s57 (2)(b) notices by the lender. Despite the invalid notices, the lender obtained a writ of possession in undefended...
  • 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...
  • Chapman v CBA [2012] VSCA 162

    31 July 2012
    In this decision of the Victorian Court of Appeal the borrower appealed on the basis that the Code procedure for the issue of notices prior to enforcement had not been met and so the proceedings...

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