Hamafam v Saadullah [2007] NSWSC 818

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 borrower subsequently sought to set aside the judgement on the grounds that the lender (through its agents) knew or suspected that the loan was not for business or investment purposes (making the loan UCCC regulated) and that consequently the proceedings were void because of a failure to serve a s80 notice. The Court determined this was an arguable defence and set aside the default judgement.

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