All monies clauses

  • Titles Strata Management v Nirta [2015] VSC 366

    29 July 2015
    The case has been the subject of an earlier case note, where it was held that the wife’s signature was forged and while the fraud could not be sheeted home to the lender, the covenant to pay in the...
  • Xiao v Perpetual Trustees Victoria [2015] VSCA 124

    27 May 2015
    A husband obtained finance by transferring his home to his wife and applying for the loan in his wife’s name, forging her signature. The trial judge found lender was unable to rely on its mortgage...
  • Titles Strata Management v Nirta [2015] VSC 187

    15 May 2015
    A husband and wife mortgaged their pizza shop (registered) and home (unregistered) to secure a short term loan with interest at 8% per month (96% per annum) which they defaulted on. The lender...
  • Meldov v Bank of Queensland [2015] NSWSC 378

    06 April 2015
    The Bank of Queensland advanced $760k more than it intended to advance to the borrower by mistake. Within 2 months the borrower drew down on the additional money. Later the bank exercised power of...
  • Perpetual Trustees v Xiao [2015] VSC 21

    04 February 2015
    A husband wanted to purchase a restaurant but had a bad credit rating so he transferred his home to his wife and then forged her signature on the mortgage to finance his purchase. The loan went into...
  • Perpetual Trustees Victoria v Cox [2014] NSWCA 328

    07 September 2014
    The evidence, although inconclusive, strongly suggested that the broker forged a drawdown request sent to the lender’s solicitor. The money was transferred, as per the direction, to a bank account...
  • Sibonna Nominees v Vouzas [2013] VSCA 369

    17 December 2013
    The parents came to the rescue of their son who needed security for a loan by mortgaging two homes they owned. The son defaulted on the loan causing the sale of the two properties. The mortgage was...
  • NAB v Hunter [2013] NSWSC 1642

    10 November 2013
    A husband and wife guaranteed company loans, secured by an earlier all monies mortgage over their home. The bank sought possession and a money judgment against the wife. The wife cross-claimed that...
  • Perpetual Trustees v Cox [2013] NSWSC 1583

    30 October 2013
    A husband and wife borrowed monies refinance their mortgage and to have funds undrawn but set aside for future drawdown. However at settlement their broker sent through a direction requiring the...
  • ANZ Ltd v Kavia Holdings [2013] NSWSC 1532

    16 October 2013
    The bank granted a mortgage to enable the purchase of a property. Some 19 years later, the bank by letter of offer made available a further $60m facility to the same mortgagor. The bank sought...


Brans Case Notes



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