Caveats

Westpac v Murray Riverside [2013] WASC 433

The lender sold the property for $13.5M. The borrower owed $25M. Prior to settlement the borrower lodged a caveat preventing settlement of the sale. The borrower held a valuation of the property at $47mill a year prior to the sale and thus claimed gross breach of the lenders duties noting that the property had not …

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Leonard v Bristrol Custodians [2013] NSWSC 1734

A solicitor included the following general charging clause in his costs agreement: .. upon acceptance of our offer, you hereby charge in favour of us all your right, title and interest over your assets, land, realty or otherwise, and hereby authorise us to lodge a mortgage or caveat over those assets to secure payment of …

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Trustees for the sale of the Land v James [2013] NSWSC 1602

Trustees were appointed for the sale of land owned by a bankrupt and her husband. Caveats were lodged by various creditors, hindering settlement. The caveats all claimed equitable interests based on invoices for works done to the property at the alleged behest of the bankrupt’s husband. The works were not authorised by the trustees. The …

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Mahendran v Chase Enterprises [2013] NSWCA 280

A lender lodged a caveat over an additional property owned by the borrower but his mortgage documents did not support it. The borrower alleged that the lender’s caveat hindered his sale efforts to repay his debts and that he was forced to sell the mortgaged properties at fire sale prices. These allegations were dismissed by …

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Apartment Developments v Johnson [2013] VSC 136

The caveator’s shares in the mortgagor were allegedly forfeited as a result of non-payment of a call contribution. She claimed her shares were invalidly forfeited and an interest in property pursuant to a resulting, implied or constructive trust and lodged a caveat. The company which owned the property sought removal of the caveat under section …

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Trust Company v Berry [2012] NSWSC 1260

The borrower defaulted on a mortgage and was served with two invalid s57 (2)(b) notices by the lender. Despite the invalid notices, the lender obtained a writ of possession in undefended proceedings. Prior to selling the properties, the borrower put the lender on notice that their invalid notices would be challenged if the lender sold …

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