Equitable mortgages

  • Brentwood Village (in liq) v TGL [2015] FCA 944

    27 August 2015
    A lender was first registered mortgagee ahead of the bank securing a $35m loan to a related company of the lender. A proposal was made to the bank by the directors of the company to convert the loan...
  • Mueller v Que Capital [2015] WASCA 155

    07 August 2015
    A lender took an unregistered second mortgage over 3 properties of the borrower and the borrower defaulted on his loan. The lender then purported to assign the debt to a second lender but overlooked...
  • Application by Westpac - Charara v Konneh [2015] NSWSC 1084

    07 August 2015
    The bank paid surplus funds following the sale of mortgaged property into court and three competing claims were made on the fund – two alleged debtors and the owner of the property, now bankrupt....
  • Milenkovic v Belleli [2015] VSC 349

    20 July 2015
    This case concerned competing equitable claims for residue funds paid into court from a mortgagee sale. The wife of the former owner claimed earlier equitable interests by way of trust as to one...
  • Sydney Markets Credit Services v Taylor (No. 2) [2015] NSWSC 499

    01 May 2015
    Two brothers executed a business guarantee which contained the following charging clause: The Guarantors each hereby charges their respective interests in any land now or hereafter held by them for...
  • Yuan v Xie [2015] NSWSC 492

    01 May 2015
    Two parties entered into an agreement written in Mandarin. Under the terms one loaned the other money on security of two properties. The Commonwealth Bank took possession of one of the properties,...
  • Cheetham v 805 Archer Road [2015] VSC 96

    17 March 2015
    A joint venture partner lent $200,000 secured by a mortgage. The mortgage was never executed or registered and when the borrower went into liquidation, the liquidators tried to claim that the joint...
  • Champion Homes Sales v JKAM Investments [2014] NSWSC 952

    17 July 2014
    Three different parties claimed competing equitable interests in land, namely a builder, a lender and a purchaser, which arose in that order and all three lodged caveats but in the order of the...
  • Verteouris v Verteouris [2014] NSWSC 339

    26 March 2014
    The parents transferred their two thirds interest in a property to their son for two thirds of its value, the son granted a mortgage in their favour and later, when this was removed at his request,...
  • Bechara v Bechara [2014] NSWSC 25

    23 January 2014
    The sister of the husband in divorce proceedings advanced money to him to pay his lawyers on the basis of an equitable mortgage over his half of the matrimonial home. The sister then sought an...


Brans Case Notes



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