Joinder of Parties

WK Marble & Granite v Elia [2014] NSWSC 898

Mortgage Case Notes / October 28, 2019 / , ,

The lender obtained money judgment against the owner of a property and then sued for possession. The owner’s son, occupying the property pursuant to a 20 year lease, sought to be joined on the basis of having purchased the property from the owner, his mother. The money owing by the mother for alleged building works …

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Bank of Queensland v Banjanin [2014] QSC 131

Mortgage Case Notes / October 28, 2019 / ,

The bank sued the guarantors for repayment of a $2m debt owed by their company. The guarantors counterclaimed for damages for having been lured into the borrowings by the bank in circumstances that were unjust because there was insufficient equity in the property and inadequate servicing capacity on their part to support the borrowings. The …

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