The bank sought judgment for possession and the amount outstanding under its loan. The loan monies were secured by a mortgage and refinanced a previous loan. The borrower claimed the loan and mortgage were unjust and unconscionable under the Contracts Review Act and the general law. The bank claimed it was subrogated to the rights …
There had been an order for a taking of account between a lender and borrower as part of more complex proceedings. An issue arose in that taking of account as to whether there had been an overpayment to the borrower under the mortgage of monies not intended to be paid to her. There were competing …
The parents allege the son and his wife forged their signatures on the mortgage. All monies mortgage The parents claim that the loan agreement is void and, because the mortgage secured amounts due under the loan agreement, the mortgage itself therefore secures nothing and it is liable to be set aside. This is the indefeasibility …
In this case the mortgages were discharged, but due to an administrative oversight the line of credit account was not closed. The borrower’s were able to draw on the account back to its original limit. It was only when the limit was exceeded, and the lender made attempts to obtain repayment that they realised that …
Credit Union Australia v Lyons [2009] NSWSC 1188 Read More »
In this case the Father was illiterate, intellectually disabled and hoodwinked into signing the mortgage by his son. Non est factum The father argued non est factum (literally ‘not my deed’) and succeeded before the trial judge. On appeal the lender argued that all highest defence that could be raised by the father was incapacity, …
Ford by his Tutor v Perpetual Trustees Victoria [2009] NSWCA 186 Read More »
This was a case in which the parents of a couple, the O’Hehirs, made two separate payments to their children during the marriage. After the marriage disintegrated the parents, the Brasher’s, sought to recover the payments made as loans. In this rather unique family arrangement, Mr Brasher was the father of Mrs O’Hehir and Mrs …
