Uniform Consumer Credit Code

  • Avery v Saree Holdings [2012] NSWSC 463

    08 May 2012
    The founder of a company arranged for his co-director to loan his defacto funds to purchase an apartment and a mortgage was given over the apartment in favour of the co-director. The loan went into...
  • JP Morgan v Hammond [2012] NSWSC 317

    02 April 2012
    “There was an earlier decision in this case, click here to read our report”. The court again rejected the husband’s application to appear for his wife given the conflict of interest between them....
  • Bahadori v Permanent Mortgages [2008] NSWCA 150

    25 June 2008
    In this case the Court of Appeal considered whether a declaration pursuant to s 11(2) of the Consumer Credit Code was effective where it was executed several days before the mortgage documents but...
  • Permanent Mortgages v Garton [2008] NSWSC 497

    25 May 2008
    In this case the borrower commenced proceedings in the Consumer Tenancy Tribunal seeking declarations that the mortgage was unjust and should be re-opened. The lender retorted by commencing...
  • Cook v Permanent Mortgages [2007] NSWCA 219

    08 August 2007
    The mortgage was subject to a successful Contracts Review Act defence by the borrower determined on 9 November 2006. That decision was reported on the front page of the Financial Review. This was an...
  • Hamafam v Saadullah [2007] NSWSC 818

    30 July 2007
    The mortgage purported to be for business & investment purposes. Default judgement was obtained after a solicitor with no practicing certificate advised the borrower they had no defence. The...
  • Benjamin v Ashikian [2007] NSWSC 735

    05 July 2007
    The mortgage purported to be for business & investment purposes. The lender sought to rely on a declaration as to business purposes under s11(2) of the Consumer Credit Code. However it was faulty...
  • Bahadori v Permanent Mortgages [2007] NSWSC 79

    15 February 2007
    In 2002 the borrower borrowed from the lender secured by mortgages over land. Included in the security documents executed by the borrower was a business purpose declaration signed by the borrower....

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