Waiver

NAB v Clark [2013] NSWSC 1461

The borrowers claimed that the bank represented to them that their facilities would be renewed for a further three years based on express and implied representations. The borrowers pleaded waiver, estoppel, the formation of a new agreement, as well as misleading conduct and unconscionability. The court at first instance found that the borrowers had no …

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Central Coast Projects v Hannan [2012] QSC 313

A lender sued to enforce a second mortgage and guarantee. The borrower claimed that he was released from both pursuant to a binding oral agreement made over the telephone even though this was inconsistent with a later written agreement. The issue for the court was whether an oral agreement to release the mortgage and guarantee …

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Permanent Mortgages v Tran [2012] WASC 372

The lender applied for summary judgment but before the matter was heard, it was referred to mediation and a compromise agreement was reached. The borrower breached the agreement by making a series of late payments, which were accepted by the lender. Finally the lender applied for summary judgement. The issue for the court was whether …

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Bendigo and Adelaide Bank v Tombs [2010] NSWSC 1427

The borrower sought to defend on the basis of a failure to serve a s57(2)(b) notice and the lender responded by seeking summary judgement. The borrower’s wife had died and the court found that lender had served a section 57(2)(b) notice on both the borrower and the Public Trustee pursuant to s.61 Probate and Administration …

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