Penalties

  • Lachlan v HP Mercantile [2015] NSWCA 130

    14 May 2015
    A lender settled with his borrower and obtained consent orders. The borrower defaulted in payment of the last instalment. The lender sought judgment for the amount of the judgment debt and the...
  • Paciocco v ANZ [2015] FCAFC 50

    07 April 2015
    This is the decision in the big litigation-funded class action over bank late fees. We previously reported that the litigation funder won at first instance . This report concerns the appeal (which...
  • Lachlan v HP Mercantile [2014] NSWSC 356

    30 March 2014
    The borrower agreed to a settlement with the lender on terms which permitted him to pay a lesser sum by instalments in full discharge of his debt failing which the full amount of the debt then...
  • Neale v Bank of Western Australia [2014] NSWSC 315

    23 March 2014
    The bank sought possession and a monetary judgment for $31m. The borrower admitted the debt but claimed that the bank represented to him that it would ‘lend to him forever’ and that his financial...
  • Paciocco v ANZ [2014] FCA 35

    04 February 2014
    This is the decision in the big litigation-funded class action over bank late fees. The court held that the late payment fees constituted a penalty because they were properly characterised as...
  • 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....
  • Sun North Investments v Dale [2013] QSC 44

    28 February 2013
    A property developer found himself in dire financial straits. He approached a lender who loaned him the money in return for a fixed charge over shares and granted an option to buy the developer’s...
  • Kellas-Sharpe & Ors v PSAL [2012] QCA 371

    21 December 2012
    It has been long established (hundreds of years) that if you say the higher rate of interest is the official rate and the lower rate is a concessionary rate, then the clause will not be struck down...
  • Kellas-Sharpe v PSAL Limited [2012] QCA 94

    03 May 2012
    The borrower sought a stay eviction citing arguing that a stay should be granted because they have an appeal with arguable prospects, success in which will be rendered nugatory without a stay. The...
  • Andrews v ANZ [2011] FCA 1376

    04 December 2011
    Background This case was the first important milestone of a class action brought against the banks by litigation funder IMF seeking to claw back various account fees on the grounds they are void as...

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