Default Judgment

Frog Swamp v Statewide Secured Investments [2015] NSWCA 376

The lender obtained defaults judgment and the borrower sought to set them aside over 3 years later. The borrower argued at first instance and on appeal that: The lender was not the creditor because the benefit of the loans had been assigned to another entity and so the mortgages which remained registered in the name …

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RHG Mortgage Corporation (formerly known as RAMS) v Cvetkovski [2015] NSWSC 753

A borrower defaulted on three mortgages and the lender obtained judgment for possession. The borrower’s estate was managed by the Office of the Protective Commissioner, by order of the Mental Health Review Tribunal. Some seven years later, the borrower sought to have the judgment set aside on the basis that the mortgages were unjust or …

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Hilton v Gidley [2014] NSWSC 874

A sister suffering from schizophrenia provided a guarantee and mortgage for her sister’s loan and received none of the proceeds. The borrower defaulted and the lender sought possession. The sister’s lawyer filed a submitting appearance by mistake and the lender obtained default judgment in her absence. The sister had been notified of the proceedings before …

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NAB v Kamboj [2014] NSWSC 865

The borrowers defaulted on three farm loans and the bank claimed possession. The borrowers admitted the bank’s claim but argued the bank was estopped from seeking possession because of representations made by the bank at mediation that they would refinance the loans if an amount owing could be agreed upon. The court found no defence …

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Browning v ANZ [2014] QCA 43

The lender sought judgement for: $6.8 million Two cattle stations Specified livestock This was granted in default of a defence being filed by a Registrar. However being a mixed judgement only a Judge had the power to enter default judgement (not the Registrar). It has been long accepted that a defendant is entitled to have …

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Pepper Finance v Mackney [2014] NSWSC 196

The lender obtained default judgment. The borrowers failed to have it set aside, but were given at least two months’ to vacate before the writ could be executed. When the lender sought to take possession four months later, the borrowers claimed they did not get any correspondence indicating when the writ of possession would be …

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Nazloomian v CBA [2013] NSWSC 681

The loan funds were deposited into the account of the wrong company, which spent them. The borrower had brought a claim against the bank, the broker and the company that got the money. Default judgment was obtained against the company. The company then filed an application to set aside the default judgment. The judge commented …

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Dimitrovski v Australian Executor Trustees [2013] NSWSC 337

This was “a last ditch attempt by the executor to save a valuable family asset” according to the judge. The lender had claimed possession of secured land because the executors of a deceased estate were in default under the mortgage. The court had given the lender possession in May 2011 by default judgment. However the …

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