Power of sale

  • Cudgegong v Transport for NSW [2015] NSWLEC 185

    01 December 2015
    This case was a priority dispute remitted by the Court of Appeal to the Court of Land and Environment between the purchaser and the previous owner of the land, a de-registered company. The land was...
  • Pola v ANZ [2015] NSWCA 146

    27 May 2015
    This was a case where the borrower alleged the lender breached it duties in exercising power of sale. The Court of Appeal held that if a lender can be shown to breach its duty in some way, the...
  • Boz One v McLellan [2015] VSCA 68

    22 April 2015
    Receivers were appointed to a slipway business by Investec Bank. The receivers sold a 50% shareholding in another company owned by the debtor to the debtors former partner for $1 and also asssigned...
  • Golden Mile Property Investments v Cudgegong Australia [2015] NSWCA 100

    15 April 2015
    Mortgaged land was compulsorily aquired by the state (resumed) for the North West Rail Link. At the time of the resumption negotiations began the property had just been sold by a lender, exercising...
  • NAB v Voukidis [2015] NSWSC 185

    12 March 2015
    The bank sought possession. The wife initially sought to argue unjustness under the Contracts Review Act and unconscionability. These claims were abandoned and the bank was granted possession. The...
  • Kautto v La Trobe Capital & Mortgage [2015] WASC 58

    11 February 2015
    The borrowers claimed that the lender sold his property at under value. The property was sold by public auction. The lender sold the property ‘as is’ rather than subdivide it, on the basis that the...
  • Leach v CBA [2014] QSC 295

    07 December 2014
    The lender was accused of selling the property at undervalue. The judge noted that a mortgagee has a duty to act in good faith and also a statutory duty to take reasonable care to ensure property is...
  • ACES Sogutlu Holdings v CBA [2014] NSWCA 402

    26 November 2014
    We previously reported on the first instance decision . This is a case note on the appeal. Breach of duty in exercising power of sale The borrower alleged negligence in the way the bank had sold the...
  • Muir v Mid Murray Fire Protection [2014] VSC 547

    23 October 2014
    A company in the business of fire protection owned the family home. It borrowed from the bank secured by a mortgage over the family home. The husband/father was the sole director and shareholder of...
  • NAB v Cunningham [2014] NSWSC 1095

    28 August 2014
    The bank initially sued for possession of the guarantors' property. The guarantors argued that their liability was limited to less than that claimed and that their guarantee and mortgage was void...


Brans Case Notes



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