Trade Practices Act

  • NAB v Hunter [2013] NSWSC 763

    12 June 2013
    At the end of a three day hearing of the matter, the borrower asked for permission to change her claim against the bank to add two claims – firstly that the bank had contravened provisions of the...
  • Savage v Bianchino [2011] NSWSC 140

    06 March 2011
    This case concerned two applications under section 459G of the Corporations Act to set aside statutory demands. The two debts were allegedly owed under deeds with similar provisions, making the...
  • Macquarie Bank v Meinhardt (NSW) [2010] NSWSC 1228

    29 September 2010
    Macquarie brought proceedings against an engineering business which provided certifications in relation to hydraulics works on the security site. The bank was financing a project for the conversion...
  • Astram Financial Services v Bank of Queensland [2010] FCA 1010

    14 September 2010
    Astram Financial Services (Astram) was established to enter into a franchise agreement with the Bank of Queensland (the Bank) to operate a franchise in Campbelltown. The Bank provided credit to...
  • Ventouris Enterprises v Dib Group [2010] NSWSC 963

    12 September 2010
    The lender in this case was a young lady who worked for St George Bank. She was also enterprising in her own right, and decided to start a lending business (Ventouris Enterprises) using her nest egg...
  • Citigroup v CrediProtect [2010] NSWSC 1054

    09 September 2010
    Citigroup sold about $62.3 million worth of consumer debt to CrediProtect. The purchase price was 5.78 cents in the dollar, payable in three installments. The first two installments were paid, but...
  • Australian Regional Credit v Mula [2009] NSWSC 325

    29 April 2009
    This case involved a forged mortgage. The owner of the mortgaged property discovered that his defacto son-in-law had mortgaged his house to secure several hire-purchase agreements. The hire-purchase...
  • CBA v Serobian [2009] NSWSC 302

    19 April 2009
    In this case a husband and wife sought to have a mortgage and guarantees totalling $8 million set aside as being: Void for being witnessed by a bank officer; Unjust under the Contracts Review Act...
  • Crown & Gleeson Business Finance v Walster [2008] NSWSC 865

    24 August 2008
    In this case Bransgroves acted for the Plaintiff lender and obtained judgement by consent for $575,000 against a third party mortgagor, Mr Walster. The mortgagor then pursued his cross-claim against...
  • Bakarich v CBA [2007] NSWCA 169

    12 July 2007
    This case was a decision by the Court of Appeal in relation to a defence raised by mortgagor/guarantors under the Trade Practices Act, Contracts Review Act and Unconscionability. One significant...

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