Taking of accounts

  • Avery v Saree Holdings Ltd [2013] NSWSC 1032

    02 August 2013
    There had been an order for a taking of account between a lender and borrower as part of more complex proceedings. An issue arose in that taking of account as to whether there had been an...
  • Ghougassian v Sutherland [2013] NSWCA 168

    11 June 2013
    The lenders advanced money to a school secured by mortgage over the school grounds. The school was in liquidation and there was a dispute as to the amount owed. Court orders had been made for a...
  • Oswal v CBA [2013] WASCA

    06 March 2013
    The bank lent US$27m to Garuda to purchase an aircraft. Garuda repaid US$10m of the principal early. The bank charged Garuda a break cost fee which Garuda paid. Garuda later went into default and...
  • Naxatu v Perpetual Trustee [2012] FCAFC 163

    15 November 2012
    The rule in Hopkinson v Rolt The second mortgagee in this case invoked the famous rule in Hopkinson v Rolt. The rule states that the priority of a first mortgagee whose mortgage secures all moneys...
  • C2C Developments v CBA [2012] NSWSC 1162

    10 October 2012
    The lender seized four properties before exercising their right to sale. Following the sale of all four properties, the borrower remained $500,000 indebted to the lender. The borrower commenced...
  • CBA v Ghougassian [2011] NSWSC 406

    09 May 2011
    The security was sold by the Commonwealth Bank as first mortgagee. The surplus proceeds, after the Bank's mortgage had been satisfied, were paid into court. The second mortgagee and the liquidator...
  • Waldron v GR Finance [2011] FCA 128

    20 February 2011
    The lender obtained judgment for a monetary sum against the borrowers. It then pursued a professional negligence claim against the valuer who initially valued the property. The valuation proceedings...
  • Thambiappah v CBA [2010] NSWSC 520

    15 June 2010
    The plaintiff borrowed money from the bank which was secured by mortgages over two properties. She defaulted and the bank sold the properties as mortgagee in possession, pursuant to its power of...
  • Romiz Constructions v Byrnes [2010] NSWSC 26

    17 January 2010
    In this case the lender obtained default judgment in April 2009, which the borrower filed a notice of motion to set aside in May 2009. The matter came before the court a number of times and in...
  • Burch v Cone [2009] NSWSC 1430

    16 December 2009
    This case involved an obscure equitable remedy known as ‘an equity of exoneration’. Burch borrowed money on a mortgage and 38% of the proceeds she kept for herself while 62% she gave to Cone. The...

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