Rent to Lender (Notice)

ANZ v Ghahreman [2015] NSWSC 113

Husband and wife borrowers made no payments at all under their loan but continued to receive rental income from the commercial premises which secured the loan. Possession proceedings were on foot and in the meantime the lender sought to restrain the borrowers from receiving rental income and to have it paid into a blocked account …

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McDonald’s v Bendigo and Adelaide Bank [2014] VSCA 209

The borrower took out a loan to buy land in Victoria. The borrower later agreed that McDonald’s could rent and build a restaurant on the land. As the improvements would form part of the borrower’s land, they were required to contribute to the costs of construction. The arrangements requiring the borrower to pay McDonald’s were …

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Perpetual Trustee Company v Agusta [2008] NSWSC 646

In this case Challenger issued a notice to the borrower’s tenant requiring rents be paid to it pursuant to s63 of the Conveyancing Act (this clause allows lenders to collect rents where a mortgage is in default). The borrower sought an injunction suspending the operation of the s63 notice on the basis that it had …

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