The defendant was an elderly gentleman who had mostly represented himself during the course of a trial which commenced in December 2013. Due to considerable ill health, the trail had been dotted through 2014. In this hearing, the son of the gentleman had sent an email to the Court advising that his father was at …
Westpac v Knight Property Investments [2014] QSC 263 Read More »
The borrower claimed that the loan was unconscionable because misrepresentations were made in relation to the loan amount. The borrower was arguing that the bank had lent about $500,000 less than it agreed to lend, which meant the borrower could not renovate and lease the property and increase its capital value. The borrower also wanted …
The borrower stopped making interest payments because he had lost faith in the personnel at the bank. When BankWest sought possession the borrower did not file a defence but argued at trial that: It never received the funds suggested in the bank statements; BankWest had wrongly accounted for funds paid; BankWest was wrongly charging default …
The borrower commenced proceedings seeking relief on the grounds that the lender had negligently exercised its power of sale. The court determined that the proceedings were perpetually stayed upon the grounds that the borrower was a bankrupt and his trustee had not elected to pursue them.
