Independent Legal Advice

Secure Funding v Egan [2015] NSWSC 340

The lender claimed possession and the ex-wife claimed the mortgage was unjust because she simply relied on her ex-husband, left all financial decisions to him and did not read the documents. She further claimed that the lender was unconscionable in not investigating that she was in fact divorced and receiving a disability pension. The court …

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Ramsay Health Care v Compton [2015] NSWSC 163

A guarantor attempted to resile from his $10m guarantee by arguing that the signing pages did not pertain to the guarantee but were stand alone documents intended to signify assent to a different proposed guarantee under which he would not incur any personal liability. Alternatively, the guarantor pleaded non est factum (not my deed) on the basis …

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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 effort to save their house; The solicitor giving independant legal advice is not requirted to turn his mind to the affordability of …

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NAB v Hunter [2013] NSWSC 1642

A husband and wife guaranteed company loans, secured by an earlier all monies mortgage over their home. The bank sought possession and a money judgment against the wife. The wife cross-claimed that the two guarantees she signed were void because had she known that the mortgage was an “all monies” mortgage and had the bank …

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McIvor v Westpac Banking Corporation [2012] QSC 404

This case concerns the reversal of fortunes of the director/shareholder of the failed Gold Coast fund Equititrust. His mother gave a mortgage and guarantees to the bank in relation to the indebtedness of her son’s fund. The son’s fund failed to meet demands for payment of $12m and the bank sued the mother for possession. …

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