Rectification

  • Simic v New South Wales Land and Housing Corporation [2016] HCA 47

    27 February 2017
    The New South Wales Land and Housing Corporation entered into a contract with Nebax Constructions Australia P/L for the demolition of existing buildings and the construction of unit blocks in...
  • 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....
  • Lindsay-Owen v Schofields Property Development [2014] NSWSC 1177

    27 August 2014
    A brother borrowed $16M from a bank to buy his sister's half share of their inherited property, secured against the property. The brother started to develop the property and then entered into a join...
  • Westpac v Newey [2013] NSWSC 533

    09 May 2013
    The bank was asking the court to make a declaration about the proper construction of a clause in a Deed and to rectify the Deed if required. The borrowers wanted an injunction stopping the...
  • Bank of Queensland v Heritage Village Estate [2012] NSWSC 925

    08 August 2012
    The bank loaned to a couple’s company to enable them to sub-divide and develop a parcel of land and they each provided guarantees. When the company defaulted, the bank sued for possession and to...
  • Equititrust v Willaire [2012] QSC 206

    08 August 2012
    A lender advanced more than $16m to a property developer, secured by a mortgage over the site and a collateral mortgage over a property owned by a director. The director claimed the lender was only...
  • Tam v Mannall [2010] NSWSC 250

    31 March 2010
    In this matter a property was sold at auction using 2005 edition of the Contract for Sale approved by the Law Society of New South Wales and the Real Estate Institute of New South Wales. The...
  • Donovan Oates v Reid [2009] NSWSC 221

    31 March 2009
    This case involved a construction loan for $7,300,000. The lender took a mortgage over the development site, a guarantee from the sole director of the development company, and a mortgage over the...
  • Gerardis v Gerges [2008] NSWSC 134

    24 February 2008
    Mr Gerges verbally promised to grant a mortgage of $530,000 over his land at Kemp's Creek in return for Mr Gerardis not receiving the full sale price of his land at Kings Cross. Mr Gereges reneged...
  • Schulz v Turner [2008] NSWSC 24

    30 January 2008
    In this case Miss Schultz provided monies to two property developers to purchase a property for a subdivision. They entered an agreement in which they agreed to grant her a first mortgage and she...

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