Tenants and leases

  • Elddin v Hamed [2015] NSWSC 654

    31 August 2015
    A purchaser bought a bankrupt’s home, financed by a bank mortgage and also a loan from the bankrupt. The registered owner allowed the bankrupt to tenant the home for an agreed rental but when asked...
  • ANZ Ltd v Kavia Holdings [2013] NSWSC 1532

    16 October 2013
    The bank granted a mortgage to enable the purchase of a property. Some 19 years later, the bank by letter of offer made available a further $60m facility to the same mortgagor. The bank sought...
  • Mendonca v Mason [2013] VSCA 280

    03 October 2013
    The tenant appealed against the court’s refusal of an injunction to restrain a mortgagee eviction. The Court of Appeal held that the decision of the judge was neither in error nor worked a...
  • O’Neill v CBA [2013] NSWSC 836

    14 June 2013
    The lender had been granted possession of the property, and the writ had been executed. However the borrower had granted a lease to a residential tenant after possession had been granted, but while...
  • Perpetual Nominees v Karamakis [2010] NSWSC 1041

    14 September 2010
    The lender obtained default judgement for possession of the property. However, the tenant sought orders: that he be joined to the proceedings; that the eviction be stayed; and that a caveat he had...
  • Magar v Arab Bank [2010] NSWSC 553

    27 May 2010
    The mortgagor (“Aldi”) appointed receivers and managers to the mortgage security comprised of a service station property. The lender was mortgagee. The receivers sought declaratory relief to enable...
  • ACN 113 137 397 v Winterbottom [2010] NSWSC 421

    28 April 2010
    The loan went into default and a receiver appointed by the lender served an eviction notice on the lessee. The lessee approached the court and sought an injunction. The receiver resisted the...
  • Elliot Tuthill Nominees v Boele [2010] NSWSC 103

    11 February 2010
    This case involved a loan to finance the construction of a retirement village. The developer went into liquidation and the lender took possession of the village. The lender sold one of the units and...
  • Perpetual Trustee Company v Agusta [2008] NSWSC 646

    24 June 2008
    In this case Challenger issued a notice to the borrower's tenant requiring rents be paid to it pursuant to s63 of the Conveyancing Act (this clause allows lenders to collect rents where a mortgage...
  • Antar v Fairchild Development [2008] NSWSC 638

    15 June 2008
    There was a dispute between a landlord and tenant about a lease. The lease had been negotiated in principle but they got hung up on the fine detail. The tenant lodged a caveat which was justified as...


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