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KBL Mining v Kidman Resources [2015] NSWSC 515

An entity that owned a mine obtained funding through notes issued by it and gave security over its mine. The lender assigned its rights to the mine’s competitor and the new lender alleged default. This was challenged by the borrower along with its liability to pay interest. The borrower argued that the redemption of its …

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Perpetual Trustee v CTC [2015] NSWSC 131

This has been a long running saga. The registered proprietor’s brother forged the mortgage. When the registered proprietor raised the forgery as a defence, the lender cross-claimed against the mortgage orginator, claiming under the indemnity in the mortgage origination deed. The lender’s claim failed against the mortgage originator due to a lack of evidence and …

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Perpetual Trustee Company v Papantoniou [2014] NSWSC 885

The primary case was decided in favour of two brothers as against a solicitor who bought out their sister’s interest with loan secured over the property and by the brothers’ guarantees. The solicitor sought to be discharged from the loan and the brothers successfully claimed that their agreement with the solicitor was unjust and were …

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Provident Capital v Papa [2013] NSWCA 156

The borrower lost her Contracts Review Act claim against the lender and the lender was awarded possession of her property. However, the borrower was successful in seeking damages for negligence from the solicitor who provided her with independent legal advice about the loan contract. The court had held that the solicitor had failed to draw …

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Provident Capital v Anderson [2013] NSWSC 705

The borrower retained a dodgy solicitor on 8 May 2013 who immediately wrote (but did not send) a letter to the lender alleging that it had not complied with the Farm Debt Mediation Act and that the consent orders for possession was therefore void. The borrower put together a posse returned to the property, where …

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Jin v St George Bank [2013] NSWSC 291

The guarantor brought a claim against the bank to have the mortgage and guarantee set aside on the grounds that they were forgeries and/ or alternatively on the grounds of the Contracts Review Act. The guarantor was a Chinese/ Australian businessman unable to speak or read English without the assistance of a translator. The judge …

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