Equity of Redemption

  • Sun North Investments v Dale [2013] QSC 44

    28 February 2013
    A property developer found himself in dire financial straits. He approached a lender who loaned him the money in return for a fixed charge over shares and granted an option to buy the developer’s...
  • Sam Management Services v BankWest [2009] NSWCA 320

    06 October 2009
    In this case the borrower’s accountant disappeared, having destroyed the company’s business records and having defrauded it of large sums of money. Some of the borrower’s facilities with the bank...
  • King Investment Solutions v Hussain [2005] NSWSC 1076

    26 October 2005
    This was an appeal by the Hussains from an order made by an Associate Justice for sale of the land subject to the lender’s second mortgage. The Hussains granted a second mortgage to the plaintiff to...
  • Wentworth v Rogers [2004] NSWSC 1176

    09 December 2004
    This was an application for discharge of order under s 27 of the Judgment Creditors’ Remedies Act 1901. The applicant, Toni Rogers, moved on notice for an order pursuant to s 32 of the Judgment...
  • Liberty Funding v Steele-Smith [2004] NSWSC 1100

    16 November 2004
    This case concerned whether a lenders's costs of defending a suit to set aside mortgage were a contingent liability of the borrower secured by the mortgage and whether a borrower was obliged to...


Brans Case Notes



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