Indemnity clause

  • KBL Mining v Kidman Resources [2015] NSWSC 515

    07 May 2015
    An entity that owned a mine obtained funding through notes issued by it and gave security over its mine. The lender assigned its rights to the mine’s competitor and the new lender alleged default....
  • Perpetual Trustee v CTC [2015] NSWSC 131

    01 March 2015
    This has been a long running saga. The registered proprietor's brother forged the mortgage. When the registered proprietor raised the forgery as a defence, the lender cross-claimed against the...
  • Perpetual Trustee v CTC [2015] NSWSC 130

    17 February 2015
    This has been a long running saga. The registered proprietor's brother forged the mortgage. When the registered proprietor raised the forgery as a defence, the lender cross-claimed against the...
  • BankWest v Seventy [2012] NSWSC 772

    11 July 2012
    A mortgage given by two brothers was guaranteed by a joint-venture. When the joint venture came to an end, an agreement was entered into, pursuant to which the two brothers indemnified the...
  • Westpac v Munk [2012] NSWSC 504

    16 May 2012
    A couple took out bank facilities to finance the purchase of their bakery and the lease of its equipment. The lease was not with the bank but with a third party which the bank had agreed to...
  • Dimitra Cassidy v Eric J Leslie [2010] NSWSC 742

    08 July 2010
    The central issue in this case was whether an insurer was obliged to indemnify a valuer against a claim. In particular, whether a claim had been made and if it had, was the claim notified to the...
  • Grenfell Securities v Midland Montagu Securities [2010] NSWSC 529

    23 May 2010
    Midland was engaged by Grenfell to manage mortgages and investment funds. Midland agreed to indemnify Grenfell against losses suffered as a result of default by borrowers on mortgage loans. The...

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