Service

Perpetual Trustees Victoria v Tatjana Erdogan [2010] NSWSC 1037

The borrower in this case could not be served so the lender sought and obtained an order for substituted service. Upon being served with the notice to vacate, the borrower sought to have the orders for substitute service set aside. The main argument was that the lender knew of a post office box of the …

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Yu v Registrar-General of New South Wales [2010] NSWSC 353

A solicitor, Mr Wun Cheung, fraudulently transferred the property into his name and then borrowed on it by executing a mortgage in favour of Nationwide Capital Pty Limited. Mr Chan’s practising certificate has been suspended. A claim was made on the Fidelity Fund. The Fidelity Fund paid the moneys necessary to discharge the mortgage. All that …

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Benjamin v Blundell [2010] NSWSC 31

In this case judgment for possession was entered by consent (the borrower agreed). Pursuant to the consent judgment a writ was issued and the Sheriff evicted the borrower. The borrower then broke back into the house and retook possession. The lender then sought and obtained a writ of restitution so that the borrower could be …

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