Waiver

  • NAB v Clark [2013] NSWSC 1461

    02 October 2013
    The borrowers claimed that the bank represented to them that their facilities would be renewed for a further three years based on express and implied representations. The borrowers pleaded waiver,...
  • Central Coast Projects v Hannan [2012] QSC 313

    23 October 2012
    A lender sued to enforce a second mortgage and guarantee. The borrower claimed that he was released from both pursuant to a binding oral agreement made over the telephone even though this was...
  • Permanent Mortgages v Tran [2012] WASC 372

    07 October 2012
    The lender applied for summary judgment but before the matter was heard, it was referred to mediation and a compromise agreement was reached. The borrower breached the agreement by making a series...
  • Bendigo and Adelaide Bank v Tombs [2010] NSWSC 1427

    02 December 2010
    The borrower sought to defend on the basis of a failure to serve a s57(2)(b) notice and the lender responded by seeking summary judgement. The borrower’s wife had died and the court found that...

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