Stamp duty

  • Application by Westpac - Charara v Konneh [2015] NSWSC 1084

    07 August 2015
    The bank paid surplus funds following the sale of mortgaged property into court and three competing claims were made on the fund – two alleged debtors and the owner of the property, now bankrupt....
  • Bondi Beachside v OSR [2014] NSWCA 6

    06 February 2014
    The bank indirectly ‘advanced’ funds to a ‘borrower’ to enable them to acquire property at Bondi. However importantly the ‘advance’ was structured as a note issue to the bank, with the note proceeds...
  • Juric-Kacunic v Vaupotic [2013] NSWSC 41

    30 January 2013
    A husband and wife advanced their friend’s son $300K for his panel beating business. The monies were in fact used in a get rich quick scam. When the lenders sued for the debt, the son raised...
  • Boral Recycling v Wake [2009] NSWSC 712

    20 July 2009
    This involved a caveat lodged pursuant to charging clause. It had not been stamped by the Office of State Revenue and so the court held: I hold that the provisions of clause 9, insofar as they...
  • Icamp v Eykamp [2008] NSWSC 853

    19 August 2008
    In this case the lender sought to extend a caveat protecting a loan for $400,000. The court determined that because the loan was over six years old its recovery was statute barred. this was because...


Brans Case Notes



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