Default judgment

  • GKQ Mortgages v Pedersen [2010] NSWSC 230

    25 March 2010
    In this case the lender obtained default judgement, took possession and sold the mortgaged property. On the day the sale was due to settle the borrower approached the Duty Judge seeking to set aside...
  • Lawteal Finance v Chrapacz [2010] NSWSC 73

    18 February 2010
    In this case the lender obtained default judgment and a writ of possession. The writ of possession was stayed pending repayment by the borrower. However, the borrower then filed an application to...
  • Romiz Constructions v Byrnes [2010] NSWSC 26

    17 January 2010
    In this case the lender obtained default judgment in April 2009, which the borrower filed a notice of motion to set aside in May 2009. The matter came before the court a number of times and in...
  • NAB v Morgan [2009] NSWSC 1012

    21 September 2009
    In this case NAB sold the property and sued for a shortfall of $85,000. The borrower, who is a solicitor, raised a defence arguing equitable set off, misleading and deceptive representations,...
  • Secure Funding v Patane [2009] NSWSC 845

    24 August 2009
    Default judgement was entered and the writ stayed three times before the borrowers brought an application to set aside the default judgement and file a defence weeks before the property was due to...
  • GE Commercial Finance Australia v Meredith [2009] NSWSC 327

    28 April 2009
    In this case the lender listed the security property (a hotel) for sale by public auction. The day before the auction the borrower entered into an unconditional contract to sell the property for...
  • V & L Investments v Turner [2009] NSWSC 172

    17 March 2009
    In this case Bransgroves acted for the lender, who sought possession of the land. The hearing was delayed repeatedly by claims on the borrower's behalf that a decision to grant legal aid to the...
  • Permanent Custodians v Barton [2008] NSWSC 1355

    15 December 2008
    This was an application by the mortgagors to set aside default judgment and file a defence to the claim on the following grounds: undue influence and/or unconscionability, of which the lender had...
  • Permanent Custodians v El Ali [2008] NSWSC 1264

    27 November 2008
    A man arranged a mortgage over a property to be purchased in the name of his mother-in-law, as he was a bankrupt and could not own property. This case involved an application by the mother-in-law to...
  • Adelaide Bank v BMG Poseidon Corp [2008] NSWSC 68

    11 February 2008
    In this case judgement was obtained by the Adelaide Bank for $1,028,725.29 after the borrower and two guarantors failed to enter an appearance. The debtors sought to have the judgement set aside...


Brans Case Notes



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