Mortgages as unfair preferences

  • Super Art Australia v Foden [2014] FCA 1168

    05 November 2014
    In this case the court found that loan and mortgage entered into between a company (which later went into liquidation) and its director was an unreasonable director related transactions pursuant to...
  • Maxton & Maxton v Port Village Accommodation [2014] WASC 93

    25 March 2014
    A caveator sought an extension of its caveat which was opposed by the registered mortgagee. The caveator argued the fraud exception to indefeasibility. The caveator sought to infer dishonesty from...
  • Vasudevan v Becon Const [2014] VSCA 14

    23 February 2014
    A company gave a mortgage to a creditor of one of its directors so that the creditor would not sue that director on its guarantee. Liquidators were appointed and the proceeds of the sale of the...

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  • Johnson v Leader Computers [2014] SASCFC 14

    04 February 2014
    A husband transferred his half interest in a house to his wife. His company was placed into administration the next day. Two creditors of the company had personal guarantees from the husband and...
  • Campbell Street Theatre (in liq) v Commercial Mortgage Trade [2012] NSWSC 669

    19 June 2012
    The liquidators of the borrower sought a declaration that a loan and charge was an uncommercial transaction and insolvent transaction and therefore liable to be set aside under the Corporations Act....
  • Gusdote v North Queensland Land Development [2012] FCA 759

    15 June 2012
    In this case evidence was brought before the court indicating that land belonging to a company in liquidation was mortgaged for the benefit of third parties. At the behest of a creditor of the...
  • Roberts v Investwell [2012] NSWCA 134

    24 May 2012
    A director lent money to his company to complete a development and was later reimbursed by the company. The company was insolvent at the time of the repayment. The director was ordered to repay the...
  • Frost v Sheahan [2012] FCAFC 46

    27 March 2012
    A mortgagor, who later became bankrupt, allegedly granted a mortgage over his property to his solicitor, the consideration being the provision of legal work to the bankrupt. The alleged mortgage was...
  • JTS Property & Investments v Sadri [2010] NSWSC 1384

    05 December 2010
    The company took out a mortgage and paid $520,000 of the proceeds to the sole shareholder’s brother-in-law to settle a debt owed by the shareholder to his brother-in-law. The company’s liquidator...
  • Ziade Investments v Welcome Homes Real Estate [2006] NSWSC 457

    18 May 2006
    In this case a company that gave mortgages to various creditors to secure past debts. These mortgages were challenged by the company's liquidator on the grounds they were insolvent and uncommercial...

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