Mortgage Case Notes

Allan John Bakarich and Anthony George Bakarich as Executors of the Estate of the late Mary Patricia Bakarich v CBA [2004] NSWSC 283

A lending facility was set up for a company owned and managed by the oldest brother of the family (“the borrowing company”). The purpose of the facility was to assist the company in the importation of air conditions for sale in Australia. Guarantees and mortgages (“the securities”) were obtained from the other members of the …

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Kyabram Property Investments v Murray; Murray v Duddy [2004] NSWSC 298

The defendants (“borrowers”) were a husband and wife, who obtained a loan from the plaintiffs (“the lenders”) to finance the purchase of a property (“the farm property”). The circumstances were that the borrowers had already contracted to purchase the farm property but did not have the necessary finance to complete the purchase. Accordingly, the borrowers …

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ANZ v Paul Stephen Fuller [2004] NSWSC 305

The borrowers, a partnership formed by a father and son (“the business”), maintained a business bank account with the bank. During the operation of the bank account, discussions were made between the bank and the business for an overdraft facility to be set up. As security for the overdraft facility, it was agreed that the …

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Minister for Education & Training v Canham [2004] NSWSC 274

This case concerned some land at Mulwala. The Minister sought an order that an estate in fee simple in that parcel of land be retransferred to him from the current registered proprietor, the defendant. The proceedings arose because the plaintiff transferred that parcel of land to the defendant by mistake after an auction. The defendant …

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Eddy Lau Constructions v Transdevelopment Enterprise [2004] NSWSC 273

The plaintiff is a contractor who entered into a contract with the defendant (“developer”) for the construction of certain home units. Pursuant to the contract, the plaintiff was required to provide two bank guarantees to the developer. The bank guarantees secured the performance of the contractor’s obligations under the contract. One such obligation under the …

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Wynsix Hotels (Oxford St) v Toomey [2004] NSWSC 236

The tenant under a lease of Torres System land applied to the Court for relief against forfeiture in respect of its lease. The tenant has had a history of late payment of rent, although rent was always eventually paid. The tenant was also associated with a third company which had entered into transactions with the …

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Unconventional Conventions v Accent Oz [2004] NSWSC 247

By application filed 20 February 2004 the defendants, as applicants, sought orders for the variation of existing asset preservation orders that were made by Hamilton J in November 2002 and varied in April 2003. The further variation sought here was a variation to permit the second and third defendants to sell the property they owned …

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