Taking of Accounts

Perpetual Trustee v Agusta [2009] NSWSC 1075

In this case Challenger misread the handwriting on the PDC form and incorrectly entered the BSB. This resulted in the monthly interest payments defaulting. Each time this happened the borrower made its payment by cheque, but Challenger treated those as late payments and began to charge the higher rate. By July 2007 Challenger was alleging …

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Gippsreal v Hanna [2009] NSWSC 169

Perpetual Trustee held the first mortgage and exercised their power of sale. In the meantime Gippsreal who claimed a second ranking equitable mortgage placed a caveat on title. This was sought to be lapsed by Perpetual but was extended by court order. Gippsreal later provided a withdrawal but the LPI wanted proof the extension order …

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