Power of sale

  • Girgis v Permanent Custodians [2007] NSWSC 1025

    05 September 2007
    In this case the lender took possession and sold pursuant to mortgagees power of sale. Prior to the settlement of the sale the borrower lodged a caveat claiming the lender by overvaluing the...
  • Hocana v Jamsapi [2007] NSWSC 928

    19 August 2007
    In this case Hocana as mortgagee in possession sold a property to Jamsapi and allowed persons associated with the purchaser to inhabit the security under licence. The purchaser did not complete so...
  • Elite Apartments v Arab Bank Australia [2007] NSWSC 521

    16 May 2007
    In this matter the borrower sough to restrain the lender from exercising power of sale. The evidence showed the borrower had received a winding up notice and had not sought to set it aside. That was...
  • Lesic v Gippsreal [2007] NSWSC 426

    19 April 2007
    In this case the borrower sought an urgent injunction to prevent a sale due to take place that very afternoon. A stay was granted for three days upon the grounds that the Judge did not have time to...
  • Choy v Hoang [2007] NSWSC 390

    27 March 2007
    In this case there was loan agreement which provided, in the event of default, for lender to register a caveat over the property and sell it. The lender ultimately lodged a caveat which simply...
  • Ostabridge v Adelaide Brighton [2007] NSWCA 59

    22 March 2007
    This case concerned a power of sale under an mortgage. The mortgage was unregistered when contracts were exchanged but registered prior to purchaser attempting to settle. Hodgson JA had this to say:...
  • Cliffshaw v Old Kiama Wharf Company [2007] NSWSC 276

    07 March 2007
    The plaintiff leased land from the Crown which was then transferred to the defendant and the Plaintiff took a mortgage back. The plaintiff served a s57(2)(b) notice to exercise its powers of sale...
  • Hansmar Investments v Perpetual Trustee Company [2007] NSWSC 103

    26 February 2007
    In this matter Permanent Trustee Australia Ltd as custodian for the Howard Mortgage Trust as mortgagee exercising its power of sale at Milsons Point, Sydney for $1.125m. The purchaser failed to...
  • The Health Pit II v Lowe [2007] NSWSC 67

    05 February 2007
    The plaintiff held a second equitable mortgage and a caveat over the property. The defendant as guarantor of the first mortgage took an assignment from the first mortgagee and sold the property. The...
  • Arraf v Jonvana Enterprises [2006] NSWSC 1432

    14 December 2006
    In this case the borrower made an urgent application to the court to restrain the lender from selling the land as the mortgagee exercising power of sale. The borrower claimed he was not in default...


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