Uniform Consumer Credit Code

Avery v Saree Holdings [2012] NSWSC 463

The founder of a company arranged for his co-director to loan his defacto funds to purchase an apartment and a mortgage was given over the apartment in favour of the co-director. The loan went into default and possession proceedings were commenced. The defacto settled the proceedings but later sought to set aside judgment for possession …

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JP Morgan v Hammond [2012] NSWSC 317

 “There was an earlier decision in this case, click here to read our report”. The court again rejected the husband’s application to appear for his wife given the conflict of interest between them. The husband acted as broker on his wife’s mortgage application in her purchase of property. The wife described herself as self-employed with …

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Bahadori v Permanent Mortgages [2008] NSWCA 150

In this case the Court of Appeal considered whether a declaration pursuant to s 11(2) of the Consumer Credit Code was effective where it was executed several days before the mortgage documents but several days after the execution of a non-binding ‘indicative letter of offer’. Section 11 of the Code sets out a number of …

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Permanent Mortgages v Garton [2008] NSWSC 497

In this case the borrower commenced proceedings in the Consumer Tenancy Tribunal seeking declarations that the mortgage was unjust and should be re-opened. The lender retorted by commencing possession proceedings in the Supreme Court. The Judge approved the borrower’s argument that the borrower was first in best dressed and made a declaration that the Supreme …

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Cook v Permanent Mortgages [2007] NSWCA 219

The mortgage was subject to a successful Contracts Review Act defence by the borrower determined on 9 November 2006. That decision was reported on the front page of the Financial Review. This was an appeal by the borrower of some aspects of that decision. Commenting on the trial judges decision the Justice Giles (speaking for …

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Hamafam v Saadullah [2007] NSWSC 818

The mortgage purported to be for business & investment purposes. Default judgement was obtained after a solicitor with no practicing certificate advised the borrower they had no defence. The borrower subsequently sought to set aside the judgement on the grounds that the lender (through its agents) knew or suspected that the loan was not for …

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Benjamin v Ashikian [2007] NSWSC 735

The mortgage purported to be for business & investment purposes. The lender sought to rely on a declaration as to business purposes under s11(2) of the Consumer Credit Code. However it was faulty and held not to comply. The Court then examined the lender’s understanding of the transaction. After noting that the lender knew the …

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Bahadori v Permanent Mortgages [2007] NSWSC 79

In 2002 the borrower borrowed from the lender secured by mortgages over land. Included in the security documents executed by the borrower was a business purpose declaration signed by the borrower. The borrower brought proceedings in the Consumer Tenancy Tribunal seeking relief under the Consumer Credit Code. The borrower argued that the letter of offer …

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