• Noble Solutions v Young [2013] NSWSC 1371

    05 September 2013
    This case concerned an equitable mortgage which provided for an exceptionally high interest rate of 130% p/a but somewhat surprisingly the borrowers failed to plead that this rate was unconscionable...
  • Big Kahuna Holdings v Joanna Kitas [2012] NSWSC 615

    06 June 2012
    A sister was persuaded to grant a second mortgage over her home for the benefit of her bankrupt brother. The interest rate was 48% p.a. with a default rate of 96% p.a. The second mortgagee sought...
  • 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,...
  • Romiz Constructions v Byrnes [2010] NSWSC 26

    17 January 2010
    In this case the lender obtained default judgment in April 2009, which the borrower filed a notice of motion to set aside in May 2009. The matter came before the court a number of times and in...
  • Selvarajah [2008] NSWSC 1251

    25 November 2008
    The mortgage included a clause providing for damages for late repayment. White J held this attracted the doctrine of penalties if, as a matter of substance, the sum payable was not a genuine...
  • Galadriel Lothlorien v Station 1 [2008] NSWSC 91

    14 February 2008
    The mortgage in this case was a "caveat loan" with a extraordinary high interest rate of 87 percent (lower) and 174 percent (higher rate) with a provision for the interest to compound with daily...
  • Integrated Lending v Lion International Holdings [2005] NSWSC 1268

    28 November 2005
    In the case the lender loaned $200,000 to borrower at 360% p.a. Later, by agreement this was capped to 120%, however compound interest of 1% for part of the term resulted in a payout figure of...


Brans Case Notes



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