Unjustness

  • RHG Mortgage Corporation v Ianni [2015] NSWSC 1911

    16 December 2015
    We have previously reported on this case. Parents were duped into giving a guarantee and mortgage for their son in circumstances where they believed that had given a limited guarantee. The parents...
  • ANZ v Bragg [2015] NSWSC 1903

    14 December 2015
    A loan was provided to a company for the purchase of a development property. The director sought to plead unjustness as a late amendment to his defence. The court noted that the Contracts Review Act...
  • Nichols Constructions v Elphick [2015] NSWSC 1732

    23 November 2015
    The lender obtained default judgment which was set aside on the basis that the court found the borrower had an arguable case that her obligation to repay the loan only arise if and when the...
  • Westpac v Kekatos [2015] NSWSC 1629

    05 November 2015
    A husband and wife were accountants and the wife provided a mortgage over their home for its purchase and also for the purchase of their accountancy business premises. The wife refinanced the loans...
  • ANZ v Ebsworth [2015] NSWSC 1456

    02 October 2015
    The bank advanced money to an ex-wife to enable her to purchase a business previously owned by her husband. The purchase was part of a binding financial agreement entered into with her de facto...
  • Paratei v ING Bank [2015] NSWSC 1368

    17 September 2015
    This case concerned a group of family companies. The parents were shareholders and the parents and sons were directors of the family companies. The parents gave guarantees and mortgages over various...
  • St George Bank v Hammer [2015] NSWSC 953

    21 August 2015
    The borrower defaulted on his St George loan and defended the bank’s possession proceedings on the spurious ground that Westpac, to which St George transferred its business, was not the lender and...
  • Secure Funding v Egan [2015] NSWSC 340

    27 June 2015
    The lender claimed possession and the ex-wife claimed the mortgage was unjust because she simply relied on her ex-husband, left all financial decisions to him and did not read the documents. She...
  • Violi v CBA [2015] NSWCA 15

    02 June 2015
    The bank obtained default judgment against a family company which operated a vineyard, guaranteed by three brothers. One of the brothers applied to have judgment set aside on the basis of unjustness...
  • NAB v Zeene [2015] NSWSC 608

    22 May 2015
    In this case an 81 year old woman gave a mortgage over her home. The bank also took a mortgage over two units being developed by her daughter and her husband. This was her lawyers second attempt to...

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