CBA v Quinn [2015] NSWSC 78

The lender sought summary judgment. The court noted that it is rare that summary judgment will be granted in a Contracts Review Act case but did so because the borrower failed to put forward any material supporting her case. The court also said: 

The type of evidence that could be put on to resist a summary judgment where a Contracts Review Act claim is pleaded is often not particularly persuasive, and in some circumstances, can include statements of information and belief or which only identify the matters that it is sought to be demonstrated at a final hearing. However, in this case the borrower is the sole debtor and the only registered proprietor. The uncontradicted evidence is that the borrower received either the entire benefit of the loan or certainly the bulk of it…In such circumstances, there must be at least some material to resist an otherwise straightforward claim of default. No such material has been forthcoming, notwithstanding the borrowr having ample opportunity to provide it.

The court gave the lender possession and judgment for the amount owing. 

Click here for the full judgment.

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