Unconscionability (equity)

  • RHG Mortgage Corporation v Ianni [2015] NSWSC 1911

    16 December 2015
    We have previously reported on this case. Parents were duped into giving a guarantee and mortgage for their son in circumstances where they believed that had given a limited guarantee. The parents...
  • McCarthy v NAB [2015] NSWCA 370

    27 November 2015
    The borrower repeatedly attempted to have the bank’s default judgment for possession set aside but was turned away as having no arguable defence. The borrower appealed on the basis that he was...
  • Nichols Constructions v Elphick [2015] NSWSC 1732

    23 November 2015
    The lender obtained default judgment which was set aside on the basis that the court found the borrower had an arguable case that her obligation to repay the loan only arise if and when the...
  • Woodman v Kudosa Pty Ltd [2015] VSC 675

    16 November 2015
    A husband, pilot and property developer was made bankrupt and used his wife as a “dummy front’ for his business. His wife became the director and shareholder of his company, signed various documents...
  • Westpac v Kekatos [2015] NSWSC 1629

    05 November 2015
    A husband and wife were accountants and the wife provided a mortgage over their home for its purchase and also for the purchase of their accountancy business premises. The wife refinanced the loans...
  • Schultz v Bank of Queensland [2015] QCA 208

    27 October 2015
    A husband inherited land and the wife funded the building of their family home by selling her a property purchased in her name only. The husband and wife were registered as co-owners of the beach...
  • Mavaddat v HSBC [2015] WASCA 205

    09 October 2015
    A husband and wife entered into three loans – one to enable the purchase of the family home and the second and third to finance the husband’s business. All the loans were secured over the family...
  • ANZ v Ebsworth [2015] NSWSC 1456

    02 October 2015
    The bank advanced money to an ex-wife to enable her to purchase a business previously owned by her husband. The purchase was part of a binding financial agreement entered into with her de facto...
  • Paratei v ING Bank [2015] NSWSC 1368

    17 September 2015
    This case concerned a group of family companies. The parents were shareholders and the parents and sons were directors of the family companies. The parents gave guarantees and mortgages over various...
  • Amtel v Ah Chee [2015] WASC 341

    11 September 2015
    A husband and wife’s company obtained goods on credit and the wife provided a guarantee for the amounts owed. The supplier sued on the guarantee and the wife raised a defence of unconscionability....


Brans Case Notes



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