• George 218 v BOQ [2015] WASC 434

    16 November 2015
    A borrower was lent money on the security of a mortgage and “all moneys” guarantees. The loan was refinanced but the guarantees continued for any future lending. The lender’s rights under the...
  • Paratei v ING Bank [2015] NSWSC 1368

    17 September 2015
    This case concerned a group of family companies. The parents were shareholders and the parents and sons were directors of the family companies. The parents gave guarantees and mortgages over various...
  • Bendigo and Adelaide Bank v Stamatis [2014] NSWSC 1233

    15 September 2014
    A son borrowed money secured by his parents' house by a mixture of forging their signatures and telling them it was to refinance their mortgage. In fact, they were increasing their loan from $40k to...
  • NAB v Kamboj [2014] NSWSC 865

    26 June 2014
    The borrowers defaulted on three farm loans and the bank claimed possession. The borrowers admitted the bank's claim but argued the bank was estopped from seeking possession because of...
  • Westpac v Robinson [2014] NSWSC 577

    12 May 2014
    The bank claimed possession and the borrower raised a Contracts Review Act defence and claimed damages for unconscionable and misleading conduct by the bank. This case concerned a long term loan and...
  • Donnelly v ANZ [2014] NSWCA 145

    08 May 2014
    This case concerned a dual currency HKD/AUD loan. The loan was converted to AUD by the bank when the value of the AUD fell. The wife's claims of unconscionability, breach of agreement and estoppel...
  • Razdan v Westpac [2014] NSWCA 126

    13 April 2014
    This case involved a margin loan. The borrower claimed the bank officer told him that once the gearing on his loan reached 95% the bank would liquidate his holdings. In October 2008 with the stock...
  • Neale v Bank of Western Australia [2014] NSWSC 315

    23 March 2014
    The bank sought possession and a monetary judgment for $31m. The borrower admitted the debt but claimed that the bank represented to him that it would ‘lend to him forever’ and that his financial...
  • Dimitrovski v Australian Executor Trustees [2014] NSWCA 68

    17 March 2014
    A son borrowed money secured by a mortgage over property owned by his grandmother. The mortgage was executed by his father pursuant to a power of attorney. The grandmother died and both the son and...
  • CBA v Carver [2014] WASC 15

    23 January 2014
    The company borrower went into liquidation and the bank sued the guarantors. The guarantors claimed estoppel as a defence on the basis that the bank led them to believe they would not be bankrupted....


Brans Case Notes



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