Set aside judgment

  • Frog Swamp v Statewide Secured Investments [2015] NSWCA 376

    25 November 2015
    The lender obtained defaults judgment and the borrower sought to set them aside over 3 years later. The borrower argued at first instance and on appeal that: The lender was not the creditor because...
  • National Australia Bank v McCarthy [2015] NSWSC 1040

    29 July 2015
    The lender obtained default judgment and the borrower sought to have it set aside and a stay of the writ of possession. The borrower argued that it was unconscionable for the lender to lend him...
  • Hilton v Gidley [2014] NSWSC 874

    02 July 2014
    A sister suffering from schizophrenia provided a guarantee and mortgage for her sister's loan and received none of the proceeds. The borrower defaulted and the lender sought possession. The sister's...
  • ANZ v Marks [2013] QSC

    24 July 2013
    The guarantor mortgaged land in Queensland to secure a loan made by the Singapore branch of the ANZ bank. The loan was in default and the bank had obtained judgment against the guarantor for the...
  • Sharpe v Heywood [2013] NSWCA 192

    19 June 2013
    The borrower entered into a loan agreement that included security over farm machinery and a term in the loan agreement provided that in the event of default a caveat would be lodged over the...
  • Nazloomian v CBA [2013] NSWSC 681

    04 June 2013
    The loan funds were deposited into the account of the wrong company, which spent them. The borrower had brought a claim against the bank, the broker and the company that got the money. Default...
  • Dimitrovski v Australian Executor Trustees [2013] NSWSC 337

    18 April 2013
    This was “a last ditch attempt by the executor to save a valuable family asset” according to the judge. The lender had claimed possession of secured land because the executors of a deceased estate...
  • Leppa v ANZ [2012] SASC 81

    20 May 2012
    At the hearing on that day, the borrower informed the Master that he had lodged a complaint with the Financial Ombudsman. Acting on that assertion, the judge adjourned the hearing so as to allow the...
  • Avery v Saree Holdings [2012] NSWSC 463

    08 May 2012
    The founder of a company arranged for his co-director to loan his defacto funds to purchase an apartment and a mortgage was given over the apartment in favour of the co-director. The loan went into...
  • Butler v Vavladelis [2012] VSC 186

    08 May 2012
    The lender obtained orders for possession of the house of elderly Greek pensioners. They now apply to have the judgment set aside on the basis that their signature on the mortgage was a forgery by...


Brans Case Notes



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