Stay of Eviction

National Australia Bank v McCarthy [2015] NSWSC 1040

The lender obtained default judgment and the borrower sought to have it set aside and a stay of the writ of possession. The borrower argued that it was unconscionable for the lender to lend him money since he had insufficient income to repay the loan, placing him in a position of special disadvantage and raised …

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Gustin Group v Phoenicia Trading [2015] NSWSC 1071

This was an extremely sad case where a retiree of 75 years invested his entire redundancy package and more, by way of a high interest loan secured on his home as collateral in someone else’s business. The borrower defaulted and the lender sought possession. The borrower then sought a late stay after settlement negotiations with …

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Commonwealth Bank of Australia v Sowter [2015] NSWSC 999

The lenders obtained summary judgment and an order for possession and the borrower then sought to suspend its enforcement on the basis that judgment was obtained in her absence and the lender’s agent had allegedly falsified income and work history details in the loan application to meet the lender’s criteria and the lender had made …

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Watts v RHG [2015] WASCA 139

The lenders obtained summary judgment and an order for possession and the borrower then sought to suspend its enforcement on the basis that judgment was obtained in her absence and the lender’s agent had allegedly falsified income and work history details in the loan application to meet the lender’s criteria and the lender had made …

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Rubino v ANZ [2014] NSWCA 362

A husband and wife owned three properties, living on one and operating a flower farming business on the other two. They borrowed money from the bank. There was a dispute with the bank which ultimately resolved at farm debt mediation, the bank reducing the debt from $6M to $2M and releasing their home. They allowed …

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Matsoukatidou v CBA [2014] VSCA 229

The borrowers in this case were mother and daughter. The sought a stay of possession pending appeal of a summary judgment against them for possession. The question arose at the time of the summary judgment application as to whether several FOS disputes which had been lodged by the borrower were still on foot. A FOS …

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