Discharges

  • Jetobee (in liquidation) v Smith & Young [2015] NSWSC 1526

    19 October 2015
    This case concerned 2 companies, both having a common director and shareholder. One company was owned by a couple and the other by the male partner only. The company owned by the couple (first...
  • Luna Property v ANZ [2015] SASC 137

    04 September 2015
    A mortgagee insisted on payment of additional amount beyond what was owing on the mortgage to secure future costs of litigation before giving a discharge. The borrower sought a mandatory injunction...
  • Conridge v Schaapveld [2015] NSWSC 663

    29 May 2015
    There were two neighbours who were good friends. One would often borrow money from the other for business purposes. The loans were never documented. On this occasion, the borrower requested $500K to...
  • NAB v Cunningham [2014] NSWSC 1095

    28 August 2014
    The bank initially sued for possession of the guarantors' property. The guarantors argued that their liability was limited to less than that claimed and that their guarantee and mortgage was void...
  • FMMI v Pittman (No 2) [2014] NSWCA 272

    18 August 2014
    The trial judge set aside the loan as unjust and as a result had dismissed the cross-claim by the borrowers against the fraudster, as the borrowers were not required to pay anything to the lenders....
  • Van der Kooij v Mystate Financial [2014] FCA 350

    06 April 2014
    The borrower purported to discharge the mortgage by tendering a promissory note. The lender refused the tender and sold the security. The borrower sued alleging the lender should have accepted the...
  • ING Bank v Wilson [2013] SASC 6

    31 January 2013
    This was an absurd case where the mortgagor attempted to argue that his tender of a promissory note to the mortgagee in terms of a promise to pay $285,000 discharged his mortgage. The court noted...
  • Serbian Cultural Club v Radovanov [2012] ACTSC 60

    03 May 2012
    The founder of the Serbian club agreed to settle his action against the club by a discharge of mortgages in his favour over the club’s land. He failed to sign discharges and the club sought relief....
  • Holstein v RTS Super [2012] NSWSC 346

    09 April 2012
    The lender advanced various amounts of money to the borrower. However two of the advances alleged to have been loaned were disputed. The borrower brought the error to the solicitor’s attention and...
  • The Trust Company as trustee of the Estate of William Redman [2011] NSWSC 755

    18 July 2011
    The trustee of property of a deceased sought a determination under section 98(1) of the Conveyancing Act 1919 that all amounts due under an old mortgage had been paid and a certificate be granted to...

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