The bank obtained default judgment for possession and sold the home. The husband commenced proceedings against the bank and the trustees in bankruptcy of both his son and wife who owned the home with him as tenants in common in unequal shares. The husband sought leave to re-plead his claim for compensation against the bank …
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 …
Jubilee Properties v Parkview Farm [2014] NSWSC 563 Read More »
Two brothers were the joint executors of the estate of their mother. Amongst the assets of her estate when she died were adjoining terrace houses in Fitzroy. Provision was made in her will leaving one terrace house to each son for life or until their respective sons turned 25, and then to their sons. Notwithstanding …
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 …
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 »
