Unconscionability (statute)

  • 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...
  • CBA v Clapham; Byron Bay Holdings v CBA [2015] NSWSC 1714

    18 November 2015
    The bank financed the purchase of Macadamia farms secured over the farms, a beach property and personal guarantees by the husband and wife. The borrower was the trustee of a family trust. The...
  • 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...
  • 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...
  • Mueller v Que Capital [2015] WASCA 155

    07 August 2015
    A lender took an unregistered second mortgage over 3 properties of the borrower and the borrower defaulted on his loan. The lender then purported to assign the debt to a second lender but overlooked...
  • Stacks Managed Investments Limited v Tolteca [2015] QSC 80

    09 April 2015
    The borrower sued its former solicitor for his conduct relating to its entry into the loan. In separate proceedings the lender sought possession and the borrower counterclaims for relief founded on...
  • Secure Funding v Stark [2015] NSWSC 223

    16 March 2015
    The lender called up a mortgage that secured both business and personal debt. The default was said to be a default by the business. The directors of the business (who had mortgaged their homes to...
  • Perpetual Trustees v Xiao [2015] VSC 21

    04 February 2015
    A husband wanted to purchase a restaurant but had a bad credit rating so he transferred his home to his wife and then forged her signature on the mortgage to finance his purchase. The loan went into...
  • NAB v Smith [2014] NSWSC 1605

    12 November 2014
    A naive, simplistic salesman was talked into buying a two year old business where he worked as a salesman for $2 million. He had no inkling of the businesses financials but the bank did and...
  • Hannaford v CBA [2014] NSWCA 297

    01 September 2014
    The borrower defaulted and the bank sued the guarantor. At a very late stage (two years later) the guarantor sought to amend her defence and cross-claim to plead that she had no knowledge of...


Brans Case Notes



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