Unconscionability (Equity)

Rahnam Investments v Esplin [2004] NSWSC 529

Zolstat, a company controlled by Mr Oayda, developed a residential flat building which became the subject of a strata subdivision. The defendants were solicitors practising under the name “Esplins”. They were retained by Zolstat to act for it upon sales of the units as and when buyers were found. There were, at the relevant times …

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CBA v Anna Maria Crowe [2004] NSWSC 330

In 1993, a couple borrowed money from the bank to assist in the purchase of a motor vehicle in the name of the husband. The loan was secured by a mortgage over the wife’s property. The mortgage was an “all monies” mortgage, which secured all monies that were then or which would thereafter become owing …

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Allan John Bakarich and Anthony George Bakarich as Executors of the Estate of the late Mary Patricia Bakarich v CBA [2004] NSWSC 283

A lending facility was set up for a company owned and managed by the oldest brother of the family (“the borrowing company”). The purpose of the facility was to assist the company in the importation of air conditions for sale in Australia. Guarantees and mortgages (“the securities”) were obtained from the other members of the …

Allan John Bakarich and Anthony George Bakarich as Executors of the Estate of the late Mary Patricia Bakarich v CBA [2004] NSWSC 283 Read More »

Kyabram Property Investments v Murray; Murray v Duddy [2004] NSWSC 298

The defendants (“borrowers”) were a husband and wife, who obtained a loan from the plaintiffs (“the lenders”) to finance the purchase of a property (“the farm property”). The circumstances were that the borrowers had already contracted to purchase the farm property but did not have the necessary finance to complete the purchase. Accordingly, the borrowers …

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ANZ v Paul Stephen Fuller [2004] NSWSC 305

The borrowers, a partnership formed by a father and son (“the business”), maintained a business bank account with the bank. During the operation of the bank account, discussions were made between the bank and the business for an overdraft facility to be set up. As security for the overdraft facility, it was agreed that the …

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Minister for Education & Training v Canham [2004] NSWSC 274

This case concerned some land at Mulwala. The Minister sought an order that an estate in fee simple in that parcel of land be retransferred to him from the current registered proprietor, the defendant. The proceedings arose because the plaintiff transferred that parcel of land to the defendant by mistake after an auction. The defendant …

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