Kasparian v Burns [2007] NSWSC 895

In this case Bransgroves acted for the lender. A loan agreement and mortgage was entered into for $755,000 in December 2003 for a one year term. Shortly before expiry the mortgage was varied to extend for three months and increase the principal by $100,000. The securities were sold with a shortfall and the directors/guarantors were sued for the shortfall. One of the directors defended claiming unconscionability and unjustness pursuant to the Contracts Review Act and denied signing the variation. Justice Bell disbelieved the guarantor’s claim she did not sign the variation and found for the lender on all counts.

Click here to read the full judgment

Scroll to Top