Mortgage Case Notes

Ultimate Property Group v Lord [2004] NSWSC 114

A company mortgaged property to a Bank (“the lender”). The mortgage was also guaranteed by a number of other parties. When the loan subsequently fell into arrears, the lender appointed a controller to manage the mortgaged property. Shortly thereafter, the property was sold by the controller at an auction for an amount, which was less …

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Consolidated Credit Network v Zuck 1 [2004] NSWSC 132

These were proceedings to extend a caveat lodged by the plaintiff over the title of the defendant to some land at Campsie. The plaintiff traded as trustee of a trading trust. It acquired residential properties and residential development land then marketed the completed units through a network of estate agents and alliances that it dealt …

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Express Loans And Finance v Hunter [2004] NSWSC 142

The Court was asked in an ex parte application to make one or other of these orders: first, an order granting leave to the plaintiff pursuant to section 74O(2)(a) of the Real Property Act 1900 to lodge a caveat over land of which the first defendant is the registered proprietor; alternatively, to make an injunction …

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Timms v CBA; CBA v Timms [2004] NSWSC 76

A husband and wife (“borrowers”) wanted to take out a loan with the bank to finance their purchase of a business. It was known to the borrowers that the business also conducted its banking with the bank, but at a different branch. Consequently, when the borrowers attended their local branch to discuss the application for …

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Illawong Village v State Bank of NSW [2004] NSWSC 18

In this case, the borrower approached the bank to obtain finance for the construction and operation of a shopping centre.  A three year loan was given to the borrower under which the borrower agreed to mortgage its interest in the land on which the shopping centre was built. However, it was discovered shortly thereafter that …

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Pelenoy v Donovan Oates Hannaford Mortgage Corp [2004] NSWSC 4

These proceedings concerned competing claims to a sum of $385k paid into court by the first defendant. Those moneys were the balance of the proceeds of the sale of a property effected by the first defendant as lender. The property was held under the provisions of the Real Property Act 1900. The first defendant held …

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