Right to Possession

Bay Bon Investments v Sultana [2015] NSWSC 1797

A wife allegedly forged her husband’s signature on a mortgage which was registered. The forgery was unknown to the lender. The husband and wife defaulted and the lender sued for possession. The issue was whether the lender was entitled to possession of the husband’s interest in the land. The court restated the principles relevant to …

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Elddin v Hamed [2015] NSWSC 654

A purchaser bought a bankrupt’s home, financed by a bank mortgage and also a loan from the bankrupt. The registered owner allowed the bankrupt to tenant the home for an agreed rental but when asked to leave, the bankrupt refused. The owner had neither possession nor rent for quite some time and was ready, willing …

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Stacks v Tolteca [2015] QSC 234

The borrower defaulted on its mortgage and proposed selling the secured property by auction to repay its loan. The lender requested full payment of its debt and legals before granting a discharge, in default of which it claimed possession and appointed receivers. The borrower challenged the lender’s claim for possession on the basis that it …

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NAB v Zeene [2014] NSWSC 1765

The borrower argued that the loan should never have been approved as the total rental income available as well as the borrower’s personal income were insufficient to maintain the mortgage repayments. The court noted that the loans were for commercial or development purposes and found no defence: The obligation must be on the borrowers to …

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Arambasic v Veza (No 5) [2014] NSWSC 1399

This judgment on the quantum of damages and debt followed a judgment relating to a dispute between a dentist who sold her property under a payment plan to her receptionist, who subsequently breached the payment plan. The dentist frustrated a sale of the property by the receptionist that would have allowed the dentist to be …

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Commonwealth Bank v Collins [2014] FCA 1061

The bank brought an application to continue Supreme Court possession proceedings against the bankrupts pursuant to s58(3) of the Bankruptcy Act. The court was not certain that leave to proceed was actually required by the bank. This was because it was not entirely clear that the possession proceeding was one with respect to a debt …

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