Mortgage Case Notes

  • Traderight (NSW) v Bank of Queensland [2015] NSWCA 94

    In 2003, Bank of Queensland Ltd (“BOQ”) embarked upon a program of interstate expansion. Between August 2004 and April 2007, BOQ appointed a number of franchisees in New South Wales and enabled them...
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  • Stacks Managed Investments Limited v Tolteca [2015] QSC 80

    The borrower sued its former solicitor for his conduct relating to its entry into the loan. In separate proceedings the lender sought possession and the borrower counterclaims for relief founded on...
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  • Gordon v Leon Plant Hire [2015] NSWSC 397

    The operators of a formwork business borrowed money through their company secured by a mortgage. The ATO issued a winding up notice against the compnay and they quickly established another company...
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  • Paciocco v ANZ [2015] FCAFC 50

    This is the decision in the big litigation-funded class action over bank late fees. We previously reported that the litigation funder won at first instance . This report concerns the appeal (which...
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  • Meldov v Bank of Queensland [2015] NSWSC 378

    The Bank of Queensland advanced $760k more than it intended to advance to the borrower by mistake. Within 2 months the borrower drew down on the additional money. Later the bank exercised power of...
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  • NAB v NSW [2015] FCA 289

    The borrower was declared bankrupt and security became vested in his trustee. The trustee in bankruptcy exercised his power to disclaim the property as ‘onerous property’ pursuant to s 133(1) of the...
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  • Perpetual Trustee v Bowie [2015] NSWSC 328

    The lender sought possession and the borrower, who was on a disability pension claimed that the loan and mortgage were unjust under the Contracts Review Act and that the lender was negligent in...
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  • NAB v Rice [2015] VSC 10

    A real estate manager with no substantial assets had a friend who was rather wealthy, having made his fortune manufacturing bike helmets. The real estate man convinced the bike helmet man to go into...
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  • FMMI v Pittman (No 4) [2015] NSWSC 265

    The borrowers’ loan was wholly set aside at first instance. Click here to see our case note . On appeal the lender succeeded in having the borrowers’ repay the amount of the loan that went towards...
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  • RHG v Ianni [2015] NSWCA 56

    A loan and mortgage were held to be unjust on a re-trial and the lender appealed. The parents alleged they had been misled by their son to believe that their signature on a loan and mortgage simply...
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