Trade Practices Act

NAB v Hunter [2013] NSWSC 763

At the end of a three day hearing of the matter, the borrower asked for permission to change her claim against the bank to add two claims – firstly that the bank had contravened provisions of the Code of Banking Practice and secondly that the bank had engaged in misleading and deceptive conduct under the …

NAB v Hunter [2013] NSWSC 763 Read More »

Macquarie Bank v Meinhardt (NSW) [2010] NSWSC 1228

Macquarie brought proceedings against an engineering business which provided certifications in relation to hydraulics works on the security site. The bank was financing a project for the conversion of an industrial building to a strata-titled residential complex and required the borrower to arrange for an expert hydraulics engineer to certify the hydraulics works on the …

Macquarie Bank v Meinhardt (NSW) [2010] NSWSC 1228 Read More »

Astram Financial Services v Bank of Queensland [2010] FCA 1010

Astram Financial Services (Astram) was established to enter into a franchise agreement with the Bank of Queensland (the Bank) to operate a franchise in Campbelltown. The Bank provided credit to Astram to enable it to conduct the franchise. Performance of Astram’s obligations was guaranteed by Mr and Mrs Ramsey (the Ramsey’s) who gave a mortgage …

Astram Financial Services v Bank of Queensland [2010] FCA 1010 Read More »

Ventouris Enterprises v Dib Group [2010] NSWSC 963

The lender in this case was a young lady who worked for St George Bank. She was also enterprising in her own right, and decided to start a lending business (Ventouris Enterprises) using her nest egg of $100,000. Through her job with St George, she met Mr Dib whose Dib Group leased service stations. Mr …

Ventouris Enterprises v Dib Group [2010] NSWSC 963 Read More »

Citigroup v CrediProtect [2010] NSWSC 1054

Citigroup sold about $62.3 million worth of consumer debt to CrediProtect. The purchase price was 5.78 cents in the dollar, payable in three installments. The first two installments were paid, but the third instalment of $2,736,285, was not. Citigroup sued CrediProtect and two guarantors. The guarantors argued the deed of guarantee was obtained by unconscionable …

Citigroup v CrediProtect [2010] NSWSC 1054 Read More »

Australian Regional Credit v Mula [2009] NSWSC 325

This case involved a forged mortgage. The owner of the mortgaged property discovered that his defacto son-in-law had mortgaged his house to secure several hire-purchase agreements. The hire-purchase agreements were for trucks and trailers for the defacto-son-in-law’s prime mover business. Claim by the lender for possession of the land The million dollar question was whether …

Australian Regional Credit v Mula [2009] NSWSC 325 Read More »

CBA v Serobian [2009] NSWSC 302

In this case a husband and wife sought to have a mortgage and guarantees totalling $8 million set aside as being: Void for being witnessed by a bank officer; Unjust under the Contracts Review Act tainted by misleading and deceptive conduct in breach of the Trade Practices Act.  Hammerschlag J rejected the argument that the …

CBA v Serobian [2009] NSWSC 302 Read More »

Crown & Gleeson Business Finance v Walster [2008] NSWSC 865

In this case Bransgroves acted for the Plaintiff lender and obtained judgement by consent for $575,000 against a third party mortgagor, Mr Walster. The mortgagor then pursued his cross-claim against the broker and obtained judgement for $575,000 for breach of s42 of the Fair Trading Act – misleading and deceptive conduct. The broker submitted that …

Crown & Gleeson Business Finance v Walster [2008] NSWSC 865 Read More »

Bakarich v CBA [2007] NSWCA 169

This case was a decision by the Court of Appeal in relation to a defence raised by mortgagor/guarantors under the Trade Practices Act, Contracts Review Act and Unconscionability. One significant pronouncement made in the course of the decision by Hodgson JA that has since been quoted was: I will focus on questions arising under the …

Bakarich v CBA [2007] NSWCA 169 Read More »

Scroll to Top