National Credit Code

  • Good to Go Loans v ASIC [2015] FCA 1350

    01 December 2015
    Good to go operates a business of small amount lending and holds an Australian credit licence. When their key person left the business, the CEO applied to be the substitute responsible manager and...
  • ASIC v Fast Access Finance [2015] FCA 1055

    30 October 2015
    This case concerned a business which arranged for the sale of diamonds to customers and their re-sale back to the business to conceal its true nature which was the provision of credit in return for...
  • Watts v RHG [2015] WASCA 139

    10 July 2015
    The lenders obtained summary judgment and an order for possession and the borrower then sought to suspend its enforcement on the basis that judgment was obtained in her absence and the lender’s...
  • Schafer v RHG Mortgage Corporation [2015] WASCA 11

    20 January 2015
    We have previously reported on the first instance decisio n in this case. This case note relates to the appeal. The court considered the following sections of the National Credit Code : Section 72...
  • RHG Mortgage Corporation v Schafer [2014] WASC 297

    20 August 2014
    The lender sought possession but did so late because it had granted a number of indulgences to the borrower and was also delayed owing to an unsuccessful FOS complaint. The court granted the lender...
  • Gray v Latter [2014] NSWSC 122

    26 February 2014
    A husband and wife purchased a property from friends using vendor finance, which required repayment of all outstanding principal after 2 years and was secured by a mortgage. The court found that the...
  • Bendigo and Adelaide Bank Ltd v Karamihos [2014] NSWCA 17

    13 February 2014
    Upon default, they claimed the mortgage was unjust for the purposes of the National Credit Code and the Contracts Review Act because the bank loaned when they had an inadequate exit strategy if they...
  • Sibonna Nominees v Vouzas [2013] VSCA 369

    17 December 2013
    The parents came to the rescue of their son who needed security for a loan by mortgaging two homes they owned. The son defaulted on the loan causing the sale of the two properties. The mortgage was...
  • NAB v Zerafa [2013] NSWSC 1515

    22 October 2013
    The bank called up the loan on the grounds that bank statements used to procure the loan had been doctored. The borrower’s defence alleged: The Business purposes declaration and guarantee were...
  • Bank of Queensland v Stevens [2013] QSC 169

    19 June 2013
    The borrower defaulted on loan agreements after a restraining order had been made against all of his property under the Criminal Proceeds Confiscations Act. The borrower had previously been given...


Brans Case Notes



News Alerts