Statute of limitations

  • Conridge v Schaapveld [2015] NSWSC 663

    29 May 2015
    There were two neighbours who were good friends. One would often borrow money from the other for business purposes. The loans were never documented. On this occasion, the borrower requested $500K to...
  • Citigroup v Middling [2015] NSWSC 221

    16 March 2015
    A borrower on a disability pension was conned by a loan originator to borrow against his home to make an investment that would pay off his remaining mortgage of $15,000 and give him a good return....
  • Conridge v Flammia [2013] NSWSC 498

    01 May 2013
    The lender had brought proceedings against two solicitors arising out of a loan and mortgage transaction. The borrower had defaulted on the loan, but the lender had not been able to enforce the...
  • Juric-Kacunic v Vaupotic [2013] NSWSC 41

    30 January 2013
    A husband and wife advanced their friend’s son $300K for his panel beating business. The monies were in fact used in a get rich quick scam. When the lenders sued for the debt, the son raised...
  • Artistic Builders v Nash [2010] NSWSC 1442

    16 December 2010
    The lawyers acted for the vendor on the sale of a property. Half the purchase price was paid on settlement of the sale of the property with the balance to be paid in the following thirty months. The...
  • Verduci v Golotta [2010] NSWSC 506

    19 May 2010
    The borrowers sought to set aside a mortgage taken over the family home in 1988. The lender sought to enforce the mortgage. The interest rate on the mortgage was 20% per annum. This was not unusual,...
  • Gray v O'Donnell [2009] NSWSC 259

    07 April 2009
    This involved a mortgage by a father and mother to their daughter and son-in-law. Under the mortgage the borrowers were jointly and severally liable. The loan was repayable upon written demand being...
  • Icamp v Eykamp [2008] NSWSC 853

    19 August 2008
    In this case the lender sought to extend a caveat protecting a loan for $400,000. The court determined that because the loan was over six years old its recovery was statute barred. this was because...
  • Graham v Aluma-Lite Products [2006] NSWSC 476

    24 May 2006
    The borrower successfully defeated possession proceedings in the Appeal Court on the grounds that they were brought without a notice pursuant to the s 7 Credit (Home Finance Contracts) Act 1984...

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