Guarantees

  • Watson Superannuation Fund v Scott [2015] QCA 267

    08 December 2015
    Clients lent superannuation money, unsecured, to their accountant which was never repaid. The client demanded repayment from the accountant and the accountant argued that the agreement did not...
  • George 218 v BOQ [2015] WASC 434

    02 December 2015
    A corporate borrower defaulted and the bank sued the corporate guarantors for the shortfall. The guarantors claimed that the bank had breached the Code of Banking Practice and duties owed in...
  • WM Financial Trading Systems v Zamac Property Holdings [2015] VSC 639

    20 November 2015
    A farm and business was sold on vendor finance terms and the purchaser borrower gave a second mortgage and director’s guarantee to secure the finance. The court found that the director gave a...
  • George 218 v BOQ [2015] WASC 434

    16 November 2015
    A borrower was lent money on the security of a mortgage and “all moneys” guarantees. The loan was refinanced but the guarantees continued for any future lending. The lender’s rights under the...
  • Pioneer Mortgage Services v Columbus Capital [2015] FCA 1067

    01 October 2015
    A securitisation funder bought a loan book associated with mortgages originally funded by a bank and became subject to the bank’s obligations in its origination deeds. The originator’s employee...
  • Bowesco v Westpoint Management [2015] WASCA 184

    11 September 2015
    A company borrowed money from two lenders and granted a first and second-ranking charge to the first and second lender respectively. The guarantor guaranteed the obligations of the company to the...
  • MIS Funding v Beefeater [2015] NSWSC 1109

    11 August 2015
    Money was lent to enable a borrower to invest in a pine tree scheme and CBA bought the debt and sought to enforce it and the guarantee. The bank’s alternative claim was that if the loan was...
  • Randles v ANZ [2015] WASCA 138

    09 July 2015
    The lender obtained judgment against a borrower and guarantor and the guarantor sought to stay its enforcement on the basis that it intended to bring an action against the lender for damages for...
  • NAB v Voukidis [2015] NSWSC 185

    12 March 2015
    The bank sought possession. The wife initially sought to argue unjustness under the Contracts Review Act and unconscionability. These claims were abandoned and the bank was granted possession. The...
  • Ramsay Health Care v Compton [2015] NSWSC 163

    05 March 2015
    A guarantor attempted to resile from his $10m guarantee by arguing that the signing pages did not pertain to the guarantee but were stand alone documents intended to signify assent to a different...

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