Rectification

  • Higgs v Retsinias [2008] NSWSC 10

    15 January 2008
    In this case the solicitors acting for the lender made several typographical errors in the mortgage (including mis-describing the lender a totally different name) they then commenced possession...
  • Bank of China v Guo [2007] NSWSC 1337

    25 November 2007
    In this case the Bank China (the lender) was owed $5,856,828 by Mr Guo (the borrower). Pursuant to a deed between the parties mortgage was to be executed by a Registrar of the Supreme Court of NSW....
  • GE Commercial Corp (Aust) v Murdica [2007] NSWSC 1228

    24 October 2007
    In this case four guarantors signed a deed in which they promised the lender that in the event of default by the borrower they would execute a mortgage over any land they owned now or in the future....
  • Capital Securitisation v Jammal [2007] NSWSC 1073

    26 September 2007
    The lender originally advanced $500k. Later the parties negotiated an additional advance of $900k together with additional security. Unfortunately neither party used lawyers and the security...
  • Hurworth Nominees v ANZ [2006] NSWSC 1278

    06 December 2006
    In 1994 the borrower gave a mortgage to the lender. In 1995 the lender served notice of an intention to take enforcement action under the Farm Debts Mediation Act. The borrower requested mediation...
  • Wilson v Fitzsimons [2006] NSWSC 1318

    26 November 2006
    In this case an elderly lady made a loan for $600k to her solicitor in exchange for a mortgage over his property at Potts Point, Sydney. The borrower sent a mortgage instrument to the lender which...
  • Kyabram Property Investments v Murray [2006] NSWSC 54

    10 February 2006
    In an earlier case the court ordered rectification of two mortgages. To give effect the orders required, among other things, the defendant to deliver to the plaintiff the original deeds. The title...
  • Kyabram Property Investments v Murray [2005] NSWSC 1202

    23 November 2005
    In this case two lenders sought rectification of mortgages claiming particular titles had been left off by mistake. The borrower had defaulted on the loan and the lenders were mortgagees in...

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