Summary judgment

  • Statewide Secured Investments v Hillington Valley [2015] NSWSC 681

    02 June 2015
    A lender and borrower agreed to settle possession proceedings on the basis that the secured properties would be sold in an orderly fashion and the proceeds applied as between two loans in a...
  • HSBC v Mavaddat [2015] WASC 153

    04 May 2015
    The mortgage over the family home secured the home loan and a business loan. The wife raised the wife's equity defence . She was found to have no possibility of success in relation to the home loan...
  • CBA v Quinn [2015] NSWSC 78

    11 February 2015
    The lender sought summary judgment. The court noted that it is rare that summary judgment will be granted in a Contracts Review Act case but did so because the borrower failed to put forward any...
  • CBA v SA Lending Centre [2014] SASC 178

    25 November 2014
    The borrower claimed he intended to sell an exisiting property to fund the purchase and development of an additional property. However, the bank's loan officer advised him: the lender would be in a...
  • ANZ v Fisher [2014] NSWSC 1643

    17 November 2014
    The borrower raised a defence in respect of interest. However, had no defence to the lender's claim for repayment of principal. The principal was greater than the value of the property. Accordingly,...
  • Bank of Queensland v Fitzgerald [2014] NSWSC 1599

    09 November 2014
    The borrower raised a Contract's Review Act arguing the lender engaged in "asset lending". The Bank conceded that this gave rise to a triable issue. However notwithstanding that triable issue, the...
  • ANZ v Loftus [2014] VSC 342

    28 July 2014
    The lender sued for possession and the borrower denied signing the mortgage but did not give evidence. The lender was given possession and the borrower appealed. The Appeal Court noted that where...
  • Australian Executor Trustees v Prodap Services [2014] QCA 142

    12 June 2014
    This case concerned a loan secured by mortgages and a guarantee which went into default. The borrower argued that the loan provision, which permitted interest rate changes by the lender without the...
  • Perpetual Nominees v McGoldrick [2014] VSC 152

    08 April 2014
    The lender sought summary judgment for the shortfall on its debt. The guarantors claimed negligence on the part of the administrators/liquidators appointed by the lender to handle the sale. The...
  • NAB v Voukidis [2014] NSWSC 384

    02 April 2014
    The lender sought summary judgement for possession on the grounds the borrower’s defence was without substance. The court noted: The real issue is whether the defence has a real, not fanciful,...

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