Unjustness

RHG Mortgage Corporation v Ianni [2015] NSWSC 1911

We have previously reported on this case. Parents were duped into giving a guarantee and mortgage for their son in circumstances where they believed that had given a limited guarantee. The parents succeeded in their unjustness and unconscionability defences at first instance but the lender appealed and the court agreed that two errors had been …

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Nichols Constructions v Elphick [2015] NSWSC 1732

The lender obtained default judgment which was set aside on the basis that the court found the borrower had an arguable case that her obligation to repay the loan only arise if and when the subdivided lots were sold and construction contracts entered into for the amounts in a spreadsheet attached to the loan agreement …

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Westpac v Kekatos [2015] NSWSC 1629

A husband and wife were accountants and the wife provided a mortgage over their home for its purchase and also for the purchase of their accountancy business premises. The wife refinanced the loans a number of times, the last refinance being provided by the bank, in addition to a loan to the wife as company …

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Paratei v ING Bank [2015] NSWSC 1368

This case concerned a group of family companies. The parents were shareholders and the parents and sons were directors of the family companies. The parents gave guarantees and mortgages over various properties owned by them to secure their companies’ debts. The bank sued for possession and a money judgment and the parents claimed unconscionability and …

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Secure Funding v Egan [2015] NSWSC 340

The lender claimed possession and the ex-wife claimed the mortgage was unjust because she simply relied on her ex-husband, left all financial decisions to him and did not read the documents. She further claimed that the lender was unconscionable in not investigating that she was in fact divorced and receiving a disability pension. The court …

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