External Dispute Resolution

  • Goldie Marketing v FOS[2015] VSC 292

    19 June 2015
    The bank lent money to a toy manufacturer. The debt was guaranteed by its directors and secured over various properties. The borrower defaulted and the guarantors lodged a dispute with FOS. FOS...
  • Matsoukatidou v CBA [2014] VSCA 307

    02 December 2014
    Between April 2012 until May 2014, the borrowers lodged seven disputes with Financial Ombudsman Service which prevented the bank obtaining possession for those two years. When the bank finally...
  • Goater v CBA [2014] NSWCA 382

    06 November 2014
    The borrowers defaulted on their mortgage to the CBA. The borrowers lodged a complaint with FOS. The complaint was terminated by an agreement between the borrowers and the Bank under which the...
  • Matsoukatidou v CBA [2014] VSCA 229

    04 September 2014
    The borrowers in this case were mother and daughter. The sought a stay of possession pending appeal of a summary judgment against them for possession. The question arose at the time of the summary...
  • Hannaford v CBA [2014] NSWCA 297

    01 September 2014
    The borrower defaulted and the bank sued the guarantor. At a very late stage (two years later) the guarantor sought to amend her defence and cross-claim to plead that she had no knowledge of...
  • FOS v Pioneer Credit Acquisition Services [2014] VSC 172

    15 April 2014
    FOS determined that the certain debts were unenforceable. The lender argued that there is an implied term in its contract with FOS that FOS must correctly decide questions of law. The judge held...
  • Westpac v Body Corporate for the Wave Community [2014] QCA 73

    10 April 2014
    A lender in possession sold the debtor’s property and then the body corporate sought its unpaid levies and costs of recovery from the lender. The lender paid the unpaid levies but not the costs of...
  • McIntosh v Suncorp-Metway [2013] QSC 255

    18 September 2013
    Borrowers obtained two loans to finance the purchase of a motel. One permitted deferral of interest and principal for max of 12 months. The other required repayment in 6 months. The borrowers...
  • Utopia Financial Services v Financial Ombudsman Service [2012] WASC 279

    07 August 2012
    A financial planner took FOS to court to dispute a determination. The financial planner did not seek judicial review of the decision but rather argued that the FOS determination was in breach of...
  • Leppa v ANZ [2012] SASC 81

    20 May 2012
    At the hearing on that day, the borrower informed the Master that he had lodged a complaint with the Financial Ombudsman. Acting on that assertion, the judge adjourned the hearing so as to allow the...


Brans Case Notes



News Alerts