Right to possession

  • Bay Bon Investments v Sultana [2015] NSWSC 1797

    03 December 2015
    A wife allegedly forged her husband’s signature on a mortgage which was registered. The forgery was unknown to the lender. The husband and wife defaulted and the lender sued for possession. The...
  • Francis v Duffy [2015] WASC 426

    09 November 2015
    The bank granted loan facilities to a farmer, secured over his farms and guaranteed by his wife. The farmer defaulted and the bank appointed receivers and managers to the farm. The farmer refused to...
  • Elddin v Hamed [2015] NSWSC 654

    31 August 2015
    A purchaser bought a bankrupt’s home, financed by a bank mortgage and also a loan from the bankrupt. The registered owner allowed the bankrupt to tenant the home for an agreed rental but when asked...
  • Westpac v Thomson [2015] NSWSC 1256

    26 August 2015
    The bank sought possession and the owner’s guardian filed a defence and cross-claim, months before the owner died. The court allowed 28 days for a person with an interest in defending the claim to...
  • Baker v David [2015] NSWCA 235

    18 August 2015
    A property was funded by one of the co-owners only, in part with cash and in part by a mortgage, the repayments of which were agreed to be the responsibility of this one co-owner. An agreement was...
  • Stacks v Tolteca [2015] QSC 234

    17 July 2015
    The borrower defaulted on its mortgage and proposed selling the secured property by auction to repay its loan. The lender requested full payment of its debt and legals before granting a discharge,...
  • St George Bank v Wright [2015] NSWSC 255

    01 March 2015
    De facto spouses owned a property as joint tenants and defaulted on their loan. The lender sold the property and paid the surplus into court. They seperated and several years later the wife died. In...
  • NAB v Zeene [2014] NSWSC 1765

    09 December 2014
    The borrower argued that the loan should never have been approved as the total rental income available as well as the borrower’s personal income were insufficient to maintain the mortgage...
  • Arambasic v Veza (No 5) [2014] NSWSC 1399

    14 October 2014
    This judgment on the quantum of damages and debt followed a judgment relating to a dispute between a dentist who sold her property under a payment plan to her receptionist, who subsequently breached...
  • Commonwealth Bank v Collins [2014] FCA 1061

    30 September 2014
    The bank brought an application to continue Supreme Court possession proceedings against the bankrupts pursuant to s58(3) of the Bankruptcy Act . The court was not certain that leave to proceed was...

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