The lender gained possession of a hospital but judgment was stayed until the conclusion of an enquiry before a judge as to the damages payable to the lender in respect of the lender being kept out of possession. The enquiry took place but judgment has not yet been given. The lender then sought damages for …
The lender gained possession of a hospital but judgment was stayed until the conclusion of an enquiry before a judge as to the damages payable to the lender in respect of the lender being kept out of possession. The enquiry took place but judgment has not yet been given. The lender then sought damages for …
The borrower defaulted and the lender sold the property for far less than its valuation. The lender sought default judgment against the valuer for a liquidated sum. The court found that the claim was on unliquidated damages, noting: The mere fact that calculation can be made of the precise amount of damages that are alleged …
AE Consulting v Online Valuations [2012] NSWSC 1300 Read More »
CTC (as originator), submitted to Resimac (as manager), a forged application for a loan by Perpetual (as trustee) of $480,000. As required under the mortgage origination deed CTC verified the identity of the applicant, Mr David El-Bayeh. The loan was made and upon default proceedings were commenced for possession of the property. The trial judge …
Perpetual Trustee Company Ltd v CTC Group [2012] NSWCA 252 Read More »
This decision of the Court of Appeal was a follow on from the main decision the Court of Appeal which was handed down on 15 December 2011 which we have already reported on. In that decision the Court of Appeal ruled that Hunt & Hunt was liable for 100% of the damaged caused by its …
Mitchell Morgan Nominees v Vella (No 2) [2012] NSWCA 38 Read More »
This case involved sham contracts for inflated values designed to dupe the Commonwealth Bank. The wife’s signature was forged on the mortgage and loan. The court held that indefeasibility of the registered mortgage did not help the lender because it was an all monies mortgage. As an all monies mortgage it relied on the validity …
Macquarie brought proceedings against an engineering business which provided certifications in relation to hydraulics works on the security site. The bank was financing a project for the conversion of an industrial building to a strata-titled residential complex and required the borrower to arrange for an expert hydraulics engineer to certify the hydraulics works on the …
Macquarie Bank v Meinhardt (NSW) [2010] NSWSC 1228 Read More »
The lender in this case was a young lady who worked for St George Bank. She was also enterprising in her own right, and decided to start a lending business (Ventouris Enterprises) using her nest egg of $100,000. Through her job with St George, she met Mr Dib whose Dib Group leased service stations. Mr …
Ventouris Enterprises v Dib Group [2010] NSWSC 963 Read More »
The mortgage included a clause providing for damages for late repayment. White J held this attracted the doctrine of penalties if, as a matter of substance, the sum payable was not a genuine pre-estimate of the loss the lender may suffer by being kept out of its money, but was in the nature of a …
In this case the lender made a four month loan of $60k (retaining $2k pre-paid interest) to the borrower believing he was going to get a unregistered mortgage over the borrowers property at Yagoona. The lender sued the broker on the grounds he did not obtain a unregistered mortgage and the borrower was bankrupt. The …
