Undue influence

  • NAB v Zeene [2015] NSWSC 608

    22 May 2015
    In this case an 81 year old woman gave a mortgage over her home. The bank also took a mortgage over two units being developed by her daughter and her husband. This was her lawyers second attempt to...
  • NAB v Wehbeh [2014] VSC 431

    08 September 2014
    A husband and wife had a home loan. In addition the husband took out a business loan for his business, in which the wife was a guarantor. Both loans went into default. Consequently, the bank sought...
  • Westpac v Diakakis [2014] NSWSC 928

    10 July 2014
    A father and son obtained finance to purchase an apartment and granted a mortgage. The loan went into default and the lender sued for possession. The father argued that he was induced to sign the...
  • Leonard v Bristrol Custodians [2013] NSWSC 1734

    24 November 2013
    A solicitor included the following general charging clause in his costs agreement: .. upon acceptance of our offer, you hereby charge in favour of us all your right, title and interest over your...
  • McIvor v Westpac Banking Corporation [2012] QSC 404

    14 December 2012
    This case concerns the reversal of fortunes of the director/shareholder of the failed Gold Coast fund Equititrust. His mother gave a mortgage and guarantees to the bank in relation to the...
  • Buccoliero v Commonwealth Bank of Australia [2011] NSWCA 371

    30 November 2011
    This case concerns an appeal from a judgment of the Supreme Court (see CBA v Munro [2011] NSWSC 128 ) which granted the lender judgment for possession. The facts were that a wife, suffering from a...
  • CBA v Munro [2011] NSWSC 128

    24 February 2011
    The majority of the funds were used to discharge a previous loan to the wife. The balance was paid to the husband. The wife made a Contracts Review Act defence claiming she was: On a disability...
  • Fast Fix Loans v Mladenko Samardzic [2011] NSWSC 19

    03 February 2011
    Elderly parents mortgaged their home to secure their son’s borrowings. The mortgagee sued for possession upon the son’s default and the parents claimed undue influence and sought to have the loan...
  • BankWest v Luo [2010] NSWSC 733

    05 July 2010
    This was a claim by the lender for possession of the borrowers’ (a husband and wife) property that was secured by a mortgage, following their default in making repayments. The borrowers relied...
  • Verduci v Golotta [2010] NSWSC 506

    19 May 2010
    The borrowers sought to set aside a mortgage taken over the family home in 1988. The lender sought to enforce the mortgage. The interest rate on the mortgage was 20% per annum. This was not unusual,...


Brans Case Notes



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