NAB v Meyers [2008] NSWSC 247

In this case the borrower raised a defence on the grounds that the bank had not complied with the terms of its own mortgage which contained notice requirements over and above those ordained by the law. Bransgroves Lawyers always tells lenders not to put hurdles for themselves in their own documents. Various statues and the common law set up enough obstacles to enforcing a mortgage to satisfy even the most masochistic lender. Nevertheless the court held there was no substantive defence and granted the lender possession but stayed the writ for 8 weeks out of compassion for the borrower.

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