• Campbell v Illawarra Golf Club [2014] NSWSC 341

    31 March 2014
    A lender obtained possession and someone claiming to be living at the property sought a stay on the grounds the lender failed to serve a notice on the occupier when it commenced proceedings. The...
  • 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...
  • Roxo v Normandie Farm [2012] NSWSC 765

    10 July 2012
    A borrower sought to have default judgment against it set aside because the lender had not complied with his obligations to mediate under the Farm Debt Mediation Act 1994. No notice was given under...
  • Perpetual Trustees Victoria v Tatjana Erdogan [2010] NSWSC 1037

    09 September 2010
    The borrower in this case could not be served so the lender sought and obtained an order for substituted service. Upon being served with the notice to vacate, the borrower sought to have the orders...
  • Yu v Registrar-General of New South Wales [2010] NSWSC 353

    14 April 2010
    A solicitor, Mr Wun Cheung, fraudulently transferred the property into his name and then borrowed on it by executing a mortgage in favour of Nationwide Capital Pty Limited. Mr Chan's practising...
  • Benjamin v Blundell [2010] NSWSC 31

    03 February 2010
    In this case judgment for possession was entered by consent (the borrower agreed). Pursuant to the consent judgment a writ was issued and the Sheriff evicted the borrower. The borrower then broke...
  • Westpac v Thurairajah [2009] NSWSC 442

    20 May 2009
    The borrower in this case sought orders that the default judgement for possession obtained by the lender be set aside. This was on three grounds: she had not been served with the statement of claim,...
  • Telsa Nominees v Bingi [2005] NSWSC 1323

    11 December 2005
    A caveat was lodged on the guarantor’s property by the lender after the borrower had defaulted on the loan. The guarantor issued a lapsing notice and then withdrew it, then issued a new lapsing...


Brans Case Notes



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