Transfer of mortgage

  • Geitonia v Westpac [2015] NSWSC 419

    15 April 2015
    The second mortgagee wanted to force the first mortgagee to transfer its mortgage to the second mortgagee. The second mortgagee sought to invoke of s 94(1) of the Conveyancing Act 1919 (NSW) which...
  • Paino v MDN Mortgages [2009] NSWSC 898

    31 August 2009
    In this case the borrower alleged that she took out a mortgage in order to pay for her mother’s medical costs. She then refinanced six times, each time to avoid enforcement by the outgoing lender....
  • Queensland Premier Mines v French [2007] HCA 53

    14 November 2007
    On 15 November 2007 the High Court, in Queensland Premier Mines Pty Ltd v French [2007] HCA 53, held that a registered transfer under Torrens System legislation did not operate to transfer anything...
  • Aymban v Grove Park [2007] NSWSC 1089

    20 September 2007
    In this case the lender held a second mortgage. When the mortgage went into default the director of the borrowing company, Mr Comer, procured a transfer of the first mortgage to himself. He then...
  • Starceavich v Swart [2006] NSWSC 960

    07 September 2006
    Swart advanced sum of $45,000 to Starceavich on an unregistered mortgage. After Starceavich defaulted Swart seized possession and tried to sell. Starceavich sought an order that Swart return...
  • Graham v Aluma-Lite Products [2006] NSWSC 476

    24 May 2006
    The borrower successfully defeated possession proceedings in the Appeal Court on the grounds that they were brought without a notice pursuant to the s 7 Credit (Home Finance Contracts) Act 1984...


Brans Case Notes



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