Mortgage Case Notes

  • Brice v Chambers [2014] QCA 310

    In this case, there was a dispute about whether a loan agreement provided for simple interest or compound interest. The court held that because there was no reference to rests or capitalisation, and...
    View More
  • ACES Sogutlu Holdings v CBA [2014] NSWCA 402

    We previously reported on the first instance decision . This is a case note on the appeal. Breach of duty in exercising power of sale The borrower alleged negligence in the way the bank had sold the...
    View More
  • CBA v SA Lending Centre [2014] SASC 178

    The borrower claimed he intended to sell an exisiting property to fund the purchase and development of an additional property. However, the bank's loan officer advised him: the lender would be in a...
    View More
  • Salta Constructions v St George Bank [2014] VSCA 289

    We previously reported on the trial at first instance . This note is about the appeal. St George (as first ranking mortgagee) sold the property for $20 million and retained all the money against a...
    View More
  • GEL Custodians v Gibson [2014] WASC 433

    The borrowers alleged that: The loan monies were not advanced to them. The lender's claim is fraudulent in intending to mislead the court to believe that the lender provided valuable consideration...
    View More
  • Suncorp v Sunlongsolar [2014] VSC 580

    The lender sought possession of the borrower's commercial property. The property was occupied by four companies who were the four defendants in the proceedings, and claimed to be tenants under the...
    View More
  • ANZ v Fisher [2014] NSWSC 1643

    The borrower raised a defence in respect of interest. However, had no defence to the lender's claim for repayment of principal. The principal was greater than the value of the property. Accordingly,...
    View More
  • Landa v Perpetual Trustees Victoria [2014] NSWCA 393

    We have previously reported the trial judge's decision in this case . A doctor was hoodwinked by a fraudulent mortgage broker. The broker told the borrrower he was going to invest money the doctor...
    View More
  • NAB v Smith [2014] NSWSC 1605

    A naive, simplistic salesman was talked into buying a two year old business where he worked as a salesman for $2 million. He had no inkling of the businesses financials but the bank did and...
    View More
  • Bank of Queensland v Fitzgerald [2014] NSWSC 1599

    The borrower raised a Contract's Review Act arguing the lender engaged in "asset lending". The Bank conceded that this gave rise to a triable issue. However notwithstanding that triable issue, the...
    View More


Brans Case Notes



News Alerts