Equitable Mortgages

Ellis v Newton [2011] NSWSC 117

The tenant fell behind in rental repayments and provided a mortgage over another property to the landlord to secure them. The landlord lodged a caveat over the property. The tenants alleged that at the time of executing the mortgage, the landlord had told him that if he signed the mortgage the landlord would allow time …

Ellis v Newton [2011] NSWSC 117 Read More »

CBA V Nabi [2010] NSWSC 1425

The borrower needed the loan to buy her mothers home. The loan and mortgage along with the transfer were all executed and the money advanced and paid to the borrower’s mother and the bank received the certificate of title. Unfortunately, before the Bank registered the transfer, together with the certificate of title and the mortgage …

CBA V Nabi [2010] NSWSC 1425 Read More »

CBA v Delacy [2010] NSWSC 1449

The borrower bought a unit and a car space, each with separate titles. The bank financed the purchase but only registered its mortgage over the unit forgetting about the car space by oversight. The outgoing mortgagee’s title to the car space remained on the title during this time. Then along came a second mortgagee who …

CBA v Delacy [2010] NSWSC 1449 Read More »

Van den Heuvel v Perpetual Trustees Victoria; Registrar General of NSW v Van den Heuvel [2010] NSWCA 171

In proceedings for possession of land brought by the lender, the wife whose husband had forged her signature on a mortgage over the family home argued that the mortgage was an “unjust credit contract” under the Consumer Credit Code (“the Code”) and ought to be set aside. The Judge at the first instance hearing found …

Van den Heuvel v Perpetual Trustees Victoria; Registrar General of NSW v Van den Heuvel [2010] NSWCA 171 Read More »

Lew v Bluescope Distribution [2010] NSWSC 794

The defendant was a lender who held an equitable mortgage which was secured over the borrower’s property by a guarantee and indemnity. St George Bank held a registered first mortgage over the property. The borrower entered into a contract of sale of the property. The proceeds form the sale would have been insufficient to discharge …

Lew v Bluescope Distribution [2010] NSWSC 794 Read More »

Ron Medich Properties v McGurk [2010] NSWSC 552

This was an application by the plaintiff (“RMP”) to extend a caveat lodged against land owned by Mrs McGurk, or alternatively an order pursuant to s 74O of the Real Property Act granting leave to RMP to lodge a further caveat in relation to the property, as well as an order restraining McGurk from discharging a …

Ron Medich Properties v McGurk [2010] NSWSC 552 Read More »

CBA v Saracen Holdings [2010] NSWSC 541

The lender sought a declaration that it had entered into an agreement with the borrower by which the borrower agreed to grant the lender a mortgage over certain land at Voyager Point, in substitution of the lender’s existing mortgage over another property at Helensburgh. The lender sought an order that the agreement be specifically performed. …

CBA v Saracen Holdings [2010] NSWSC 541 Read More »

Performance Capital Mortgage v Motive Finance & Leasing [2010] NSWSC 429

The security property was sold by the first registered mortgagee. There was sufficient funds to pay out the 1st registered mortgage and the 2nd registered mortgages and to create a surplus which was paid into court pursuant to s 95 Trustee Act 1925. This case was a priority fight over who was entitled to that …

Performance Capital Mortgage v Motive Finance & Leasing [2010] NSWSC 429 Read More »

Equititrust v Manttan [2010] NSWCA 95

The lender protected an equitable mortgage with caveats. The borrower sold the properties and lodged lapsing notices. Before the Duty Judge, Justice Gzell, the lender argued that if it was given time it could obtain valuation evidence that would show that the property was being sold at under value. The lender argued that unless there …

Equititrust v Manttan [2010] NSWCA 95 Read More »

Scroll to Top