• KBL Mining v Kidman Resources [2015] NSWSC 515

    07 May 2015
    An entity that owned a mine obtained funding through notes issued by it and gave security over its mine. The lender assigned its rights to the mine’s competitor and the new lender alleged default....
  • ANZ v Fink [2015] NSWSC 506

    05 May 2015
    This case involved a businessman's dream home that went pear-shaped due to cost overruns. When the bank sought possession the borrower sought to blame the bank. Improvidence / Non-English speaking...
  • NAB v NSW [2015] FCA 289

    01 April 2015
    The borrower was declared bankrupt and security became vested in his trustee. The trustee in bankruptcy exercised his power to disclaim the property as ‘onerous property’ pursuant to s 133(1) of the...
  • Brice v Chambers [2014] QCA 310

    27 November 2014
    In this case, there was a dispute about whether a loan agreement provided for simple interest or compound interest. The court held that because there was no reference to rests or capitalisation, and...
  • Australian Executor Trustees v Prodap Services [2014] QCA 142

    12 June 2014
    This case concerned a loan secured by mortgages and a guarantee which went into default. The borrower argued that the loan provision, which permitted interest rate changes by the lender without the...
  • Westpac Banking Corporation v Lomas [2014] QSC 117

    03 June 2014
    The bank sought summary judgment which was opposed by the borrower on the basis that the default interest provision in the loan was void because it permitted the bank to select any interest rate...
  • GE Mortgage Solutions v Whild [2013] VSC 503

    17 September 2013
    The borrower defaulted as a result of the lender failing to upload new account details onto its computer system. The lender took possession and sold one of the mortgaged properties to a third party....
  • Kellas-Sharpe & Ors v PSAL [2012] QCA 371

    21 December 2012
    It has been long established (hundreds of years) that if you say the higher rate of interest is the official rate and the lower rate is a concessionary rate, then the clause will not be struck down...
  • Kellas-Sharpe v PSAL Limited [2012] QCA 94

    03 May 2012
    The borrower sought a stay eviction citing arguing that a stay should be granted because they have an appeal with arguable prospects, success in which will be rendered nugatory without a stay. The...
  • Summer Hill Business Estate v Equititrust [2011] NSWCA 149

    15 June 2011
    This was an appeal by a borrower to the Court of Appeal from the decision of the trial judge. Equititrust, entered into five loan facilities with related Borrowers for amounts totaling $20 million....


Brans Case Notes



News Alerts