Mortgage Case Notes

  • Schafer v RHG Mortgage Corporation [2015] WASCA 11

    We have previously reported on the first instance decisio n in this case. This case note relates to the appeal. The court considered the following sections of the National Credit Code : Section 72...
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  • Westpac v Kekatos [2014] NSWSC 1802

    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...
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  • FMMI v Pittman (No.2) [2014] NSWSC 1929

    We have previously reported on the trial judge’s decision in this case . The trial judge found the borrowers were the victims of a fraudster but as the lender was found to have engaged in pure asset...
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  • Schultz v Bank of Queensland Ltd [2014] QSC 305

    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...
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  • NAB v Zeene [2014] NSWSC 1765

    The borrower argued that the loan should never have been approved as the total rental income available as well as the borrower’s personal income were insufficient to maintain the mortgage...
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  • Leach v CBA [2014] QSC 295

    The lender was accused of selling the property at undervalue. The judge noted that a mortgagee has a duty to act in good faith and also a statutory duty to take reasonable care to ensure property is...
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  • CBA v Dalle Cort & Anor [2014] QSC 296

    The bank lent money to fund the purchase of shares in Storm but the borrowers never invested because Storm went into liquidation. The borrowers defaulted and the bank sought summary judgment. The...
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  • Perpetual Trustee Company Limited v Stojcevski [2014] NSWSC 1718

    A borrower sued his solicitor for negligent independant legal advice on mortgage documents documents. The judge held that: The facts alleged by the borrower were concocted by him and his wife in an...
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  • Matsoukatidou v CBA [2014] VSCA 307

    Between April 2012 until May 2014, the borrowers lodged seven disputes with Financial Ombudsman Service which prevented the bank obtaining possession for those two years. When the bank finally...
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  • Simmons v New South Wales Trustee and Guardian [2014] NSWCA 405

    A mother agreed to transfer a farm to herself and one son as joint tenants on the basis that he would manage the farm and care for her. The mother transferred title to the farm into her name and her...
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