Trustee Borrower

Jubilee Properties v Parkview Farm [2014] NSWSC 563

A developer, through a trust, purchased properties to erect an apartment. The developer owned 75 units in the trust and 25 units were given to a consultant in return for his services. The developer was the sole director of the trustee. The developer and the consultant fell out. The consultant sought to claim damages for …

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CBA v Anastasopolios [2014] NSWSC 294

The bank sought summary judgment for the shortfall. The borrower argued that he was not personally liable, being the trustee of a family trust. The court found that contractual documents evidencing the arrangements between the Bank and the borrower did not contain any clause which limited his liability with respect to his role as trustee …

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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 …

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