Power of sale

  • AI Property Investments v National Funding Group [2014] VSC 315

    26 June 2014
    The borrower defaulted and the lender took possession. However, it was then agreed by deed of settlement that the borrower would repay the loan by year end. The borrower did not repay and requested...
  • 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...
  • Van der Kooij v Mystate Financial [2014] FCA 350

    06 April 2014
    The borrower purported to discharge the mortgage by tendering a promissory note. The lender refused the tender and sold the security. The borrower sued alleging the lender should have accepted the...
  • Pearl Beach Property Administration v Wisewoulds Nominees [2014] VSC 113

    20 March 2014
    The owner of property sought an injunction to restrain the lender in possession from auctioning the property on the day of the auction on the basis that he had a purchaser willing to pay an amount...
  • Combe v Bank of QLD [2014] NSWSC 188

    06 March 2014
    The bank obtained possession by default judgment and a cleaning company removed all the goods on the property and placed them in storage. A year later the goods were disposed of. An artist who...
  • ANZ v Pola [2013] NSWSC 1801

    05 December 2013
    The lender sold the borrower´s QLD agricultural property. The water rights were not sold separately. The borrower argued that this was a breach of the lenders´ duties. When the lender claimed...
  • Westpac v Murray Riverside [2013] WASC 433

    03 December 2013
    The lender sold the property for $13.5M. The borrower owed $25M. Prior to settlement the borrower lodged a caveat preventing settlement of the sale. The borrower held a valuation of the property at...
  • CBA v ACES [2013] NSWSC 1184

    29 August 2013
    The mortgagor defaulted and the bank sold the secured properties and sued for the balance outstanding. The mortgagor alleged a number of defences and claimed negligence and misleading and deceptive...
  • CBA v Shannon [2013] NSWSC 1076

    12 August 2013
    In this case the Judge considered the duties of a bank or lender in possession selling a corporate property. The guarantor claimed the bank had breached its duty under s420A of the Corporations Act...
  • Wilde v Morgan [2013] VSC 330

    27 June 2013
    The borrower defaulted and the lender took possession. The borrower was trying to restrain the lender from selling the property and argued that the Default Notice had not been properly served and...


Brans Case Notes



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