Security for costs

  • Ninan v St George Bank [2014] FCA 334

    02 April 2014
    The borrowers sought to sue the lender for millions of dollars for allegedly colluding in the manipulation of land prices and to prevent the bank enforcing its security. The borrowers were citizens...
  • Crosswest v Allstrike Enterprises [2014] WASC 27

    04 February 2014
    The borrower sought a declaration that two mortgages were void. The lender applied for security of costs on the basis of the likely inability of the mortgagor to pay any costs. The court refused the...
  • Friendly Inn Holdings v St George Bank [2012] NSWSC 441

    16 April 2012
    A costs order was sought by the bank against the sole shareholder and funder of the borrower. The court found that the shareholder concealed information so that the borrower could remain in...
  • Equititrust v RM Walsh Land Holdings [2012] NSWSC 427

    28 March 2012
    The trustee of a mortgage fund sued the borrower on their defaulting loans. The borrower sought security for costs against the trustee of the fund. The rules empower the court to make a security for...
  • NAB v Lavin [2011] NSWSC 440

    16 May 2011
    A guarantor was sued by the NAB for $7.8 million. The guarantor wanted to bring a cross-claim against the bank but was precluded from doing so until the guaranteed debt was discharged (by the terms...


Brans Case Notes



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