Mortgage Case Notes

  • Randles v ANZ [2015] WASCA 138

    The lender obtained judgment against a borrower and guarantor and the guarantor sought to stay its enforcement on the basis that it intended to bring an action against the lender for damages for...
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  • Roxo v Normandie Farm [2015] NSWSC 895

    A lender sought possession and the borrower challenged this on the basis that no monies were owing because the lender had agreed orally that the borrower was not obliged to repay any loans until the...
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  • Alceon Group v Rose [2015] NSWSC 868

    The parents of a developer gave a mortgage and guarantees (limited to $2m) over their home to enable their son to refinance a $25m residential home unit development which the father was helping...
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  • Ciavarella v Hargraves Secured Investments [2015] NSWSC 865

    The borrower sought a last minute injunction to restrain the mortgagee exercising its power of sale by auction. The court refused for the following reasons: The unexplained delay; The lack of...
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  • Kambouris v Tahmazis (No 2) [2015] VSC 174

    A woman guaranteed a developer's debts to the NAB. In return she was to receive an indemnity and mortgage from the developer's wife. Her solicitor was found negligent for not alerting her that the...
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  • Boz One v McLellan [2015] VSCA 68

    Receivers were appointed to a slipway business by Investec Bank. The receivers sold a 50% shareholding in another company owned by the debtor to the debtors former partner for $1 and also asssigned...
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  • Werden v The Queen [2015] VSCA 72

    This was the appeal of a convicted mortgage fraudster, former lawyer, Gabriel Werden. It is instructive for those who wish to avoid mortgage fraud. The fraudster created an account online with SAI...
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  • NAB v Waldron & Registrar of Titles [2015] VSC 141

    The borrowers wife placed a caveat over the property claiming she had, many years prior to the mortgage being entered into, agreed to buy the property off her husband and had paid substantial...
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  • Golden Mile Property Investments v Cudgegong Australia [2015] NSWCA 100

    Mortgaged land was compulsorily aquired by the state (resumed) for the North West Rail Link. At the time of the resumption negotiations began the property had just been sold by a lender, exercising...
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  • Geitonia v Westpac [2015] NSWSC 419

    The second mortgagee wanted to force the first mortgagee to transfer its mortgage to the second mortgagee. The second mortgagee sought to invoke of s 94(1) of the Conveyancing Act 1919 (NSW) which...
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Brans Case Notes



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