• Higgs v Retsinias [2008] NSWSC 10

    15 January 2008
    In this case the solicitors acting for the lender made several typographical errors in the mortgage (including mis-describing the lender a totally different name) they then commenced possession...
  • Bassanese v Perpetual Trustees Victoria [2007] NSWSC 1264

    05 November 2007
    In this case the borrower filed a Contracts Review Act claim against Perpetual (the lender) claiming that a clause allowing the lender to recover enforcement expenses was unjust. As a basis for the...
  • Cook v Permanent Mortgages [2007] NSWCA 219

    08 August 2007
    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...
  • Graham v Aluma-Lite Products [2006] NSWSC 476

    24 May 2006
    The borrower successfully defeated possession proceedings in the Appeal Court on the grounds that they were brought without a notice pursuant to the s 7 Credit (Home Finance Contracts) Act 1984...
  • Kyabram Property Investments v Murray [2006] NSWSC 54

    10 February 2006
    In an earlier case the court ordered rectification of two mortgages. To give effect the orders required, among other things, the defendant to deliver to the plaintiff the original deeds. The title...
  • Brasher v O'Hehir [2005] NSWSC 1194

    24 November 2005
    This was a case in which the parents of a couple, the O’Hehirs, made two separate payments to their children during the marriage. After the marriage disintegrated the parents, the Brasher’s, sought...
  • E & P Developers v D J Capital Solutions [2005] NSWSC 1110

    07 September 2005
    The developer mortgaged land to the defendants as security for a loan to carry out the development. The developer applied to the Court ‘at the eleventh hour’ seeking to restrain the lenders from...
  • Pioneer Park v ANZ [2005] NSWSC 498

    26 May 2005
    ANZ terminated a finance facility and mortgage, called up its debt, appointed administrators to Pioneer, and exercised its power of sale as mortgagee. The guarantor of the mortgage, Mr Carpenter...
  • Steele-Smith v Liberty Financial [2005] NSWSC 398

    27 April 2005
    The plaintiffs borrowed money from the second defendant, Liberty Funding (“LF”), secured over their land by mortgage. The plaintiffs claimed that the loan agreements and the mortgages were procured...
  • Birch v Glissen [2005] NSWSC 337

    14 April 2005
    The defendant applied for costs on an indemnity basis in respect of the plaintiff’s unsuccessful application for an extension of a caveat. The caveat was lodged against property that was not owned...


Brans Case Notes



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