Subrogation

Titles Strata Management v Nirta [2015] VSC 366

The case has been the subject of an earlier case note, where it was held that the wife’s signature was forged and while the fraud could not be sheeted home to the lender, the covenant to pay in the loan was not incorporated into the mortgage and so the mortgage secured nothing. The matter before …

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Titles Strata Management v Nirta [2015] VSC 187

A husband and wife mortgaged their pizza shop (registered) and home (unregistered) to secure a short term loan with interest at 8% per month (96% per annum) which they defaulted on. The lender obtained judgment against the husband but the wife claimed that her signature was forged. The court believed the wife that her signatures …

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Gordon v Leon Plant Hire [2015] NSWSC 397

The operators of a formwork business borrowed money through their company secured by a mortgage.  The ATO issued a winding up notice against the compnay and they quickly established another company to carry on their business.  They arranged for the mortgage payments to be made by the new company.  They subsequently then entered into a …

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Bank of Queensland v Fitzgerald [2014] NSWSC 1599

The borrower raised a Contract’s Review Act arguing the lender engaged in “asset lending”.  The Bank conceded that this gave rise to a triable issue. However notwithstanding that triable issue, the bank argued it had an alternative basis for obtaining summary judgment, namely subrogation. This argument was, “even if the loan was unjust, you must …

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Aged Care Services v Kanning Services [2013] NSWCA 393

This case concerned a priority dispute between an unpaid supplier to the owner of land and a subsequent joint venturer with the owner to develop certain land for the building of a retirement village. The owner acknowledged the supplier’s debt and agreed that the supplier would be entitled to lodge caveats over the property until …

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ANZ v Londish [2013] NSWSC 1423

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 …

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Ocvirk v Permanent Custodians [2013] NSWSC 1021

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 …

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