Wife's Equity Principle

  • Woodman v Kudosa Pty Ltd [2015] VSC 675

    16 November 2015
    A husband, pilot and property developer was made bankrupt and used his wife as a “dummy front’ for his business. His wife became the director and shareholder of his company, signed various documents...
  • Schultz v Bank of Queensland [2015] QCA 208

    27 October 2015
    A husband inherited land and the wife funded the building of their family home by selling her a property purchased in her name only. The husband and wife were registered as co-owners of the beach...
  • Amtel v Ah Chee [2015] WASC 341

    11 September 2015
    A husband and wife’s company obtained goods on credit and the wife provided a guarantee for the amounts owed. The supplier sued on the guarantee and the wife raised a defence of unconscionability....
  • 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...
  • HSBC v Mavaddat [2015] WASC 153

    04 May 2015
    The mortgage over the family home secured the home loan and a business loan. The wife raised the wife's equity defence . She was found to have no possibility of success in relation to the home loan...
  • Schultz v Bank of Queensland [2015] QCA 19

    23 February 2015
    We previously reported on this case . A wife sought to set aside her mortgage under the wife’s equity principle and unconscionability. The wife did not give evidence and instead her barrister asked...
  • ANZ v Ghahreman [2015] NSWSC 113

    12 February 2015
    Husband and wife borrowers made no payments at all under their loan but continued to receive rental income from the commercial premises which secured the loan. Possession proceedings were on foot...
  • Westpac v Kekatos [2014] NSWSC 1802

    18 December 2014
    The bank lent money to a husband and wife on the security of their Vaucluse family home to finance the husband’s development project. The bank applied for summary judgment against the husband and...
  • Schultz v Bank of Queensland Ltd [2014] QSC 305

    11 December 2014
    A wife gave a mortgage and guarantees to secure three different loans by her husband and their family trust, controlled by her husband. The bank sued and the wife argued the wife’s equity principle...
  • NAB v Wehbeh [2014] VSC 431

    08 September 2014
    A husband and wife had a home loan. In addition the husband took out a business loan for his business, in which the wife was a guarantor. Both loans went into default. Consequently, the bank sought...

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