Mortgage Case Notes

In the matter of Sundara [2015] NSWSC 1694

A lender appointed receivers to four borrowers and sold the secured properties. The sole director of each borrower claimed that the loans were farm debts and the lender contravened the Farm Debt Mediation Act by failing to give notice to permit mediation and hence its enforcement action and sale of the properties was void and …

In the matter of Sundara [2015] NSWSC 1694 Read More »

Westpac v Kekatos [2015] NSWSC 1629

A husband and wife were accountants and the wife provided a mortgage over their home for its purchase and also for the purchase of their accountancy business premises. The wife refinanced the loans a number of times, the last refinance being provided by the bank, in addition to a loan to the wife as company …

Westpac v Kekatos [2015] NSWSC 1629 Read More »

ASIC v Fast Access Finance [2015] FCA 1055

This case concerned a business which arranged for the sale of diamonds to customers and their re-sale back to the business to conceal its true nature which was the provision of credit in return for a customer paying twice that in return. The court found that the application, sales and purchase contracts satisfied the statutory …

ASIC v Fast Access Finance [2015] FCA 1055 Read More »

Schultz v Bank of Queensland [2015] QCA 208

A husband inherited land and the wife funded the building of their family home by selling her a property purchased in her name only. The husband and wife were registered as co-owners of the beach property and later it was put in her name only as an asset protection strategy. The wife gave two guarantees …

Schultz v Bank of Queensland [2015] QCA 208 Read More »

Jetobee (in liquidation) v Smith & Young [2015] NSWSC 1526

This case concerned 2 companies, both having a common director and shareholder. One company was owned by a couple and the other by the male partner only. The company owned by the couple (first company) borrowed from the bank on a commercial loan secured by a first registered mortgage and a guarantee given by the …

Jetobee (in liquidation) v Smith & Young [2015] NSWSC 1526 Read More »

Macquarie International Health Clinic v Sydney South West Area Health Service [2015] NSWCA 323 15 October 2015

The lender gained possession of a hospital but judgment was stayed until the conclusion of an enquiry before a judge as to the damages payable to the lender in respect of the lender being kept out of possession. The enquiry took place but judgment has not yet been given. The lender then sought damages for …

Macquarie International Health Clinic v Sydney South West Area Health Service [2015] NSWCA 323 15 October 2015 Read More »

Scroll to Top