ANZ v Fisher [2014] NSWSC 1643

The borrower raised a defence in respect of interest. However, had no defence to the lender’s claim for repayment of principal. The principal was greater than the value of the property. 

Accordingly, the judge held that as the property would need to be sold to satisfy the capital debt there was no point in staying execution of the writ of possession.

Click here to read full judgment.

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