BankWest v Callipari [2011] NSWSC 145

The borrower stopped making interest payments because he had lost faith in the personnel at the bank.

When BankWest sought possession the borrower did not file a defence but argued at trial that:

  1. It never received the funds suggested in the bank statements;
  2. BankWest had wrongly accounted for funds paid;
  3. BankWest was wrongly charging default interest;
  4. BankWest did not provide bank statements.

The Judge determined that bank statements were contemporaneous documents prepared by the bank and there was no evidence to suggest they should be doubted. Further, that default interest had not been wrongly charged. The Judge found that the remainder of the arguments would not constitute a defence, even if true. The lender was therefore granted possession of the properties.

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