Estoppel

Summer Hill Business Estate v Equititrust [2011] NSWCA 149

This was an appeal by a borrower to the Court of Appeal from the decision of the trial judge. Equititrust, entered into five loan facilities with related Borrowers for amounts totaling $20 million. The amounts were all repaid, but not until after the due date. The Borrowers brought proceedings contend the amount of interest that …

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Metroland Funds Management v Skyrise Consultants [2011] NSWSC 343

Two joint venturers entered into a written contract providing for one of the joint venturers to commence certain advisory services. They had to be performed upon a completion notice being issued and not before. If no completion notice was issued within 12 months, the deposit paid by the other joint venturer would be returned. Twelve …

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BankWest v Hodgkinson [2011] NSWSC 96

This case concerned the bank’s claim against a guarantor Mr Justin John Brown. Mr Brown claimed he was removed as guarantor in respect of a facility to a business associate, Mr Lance Vincent Hodgkinson, for a commercial development. Mr Brown argued that the bank’s spoken words as to his removal as guarantor constituted misleading and …

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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 …

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Summer Hill Business Estate [2010] NSWSC 776

This case concerned the meaning and operation of the clauses in a mortgage document, specifically, ‘Default interest’ and ‘Event of default’ clauses, as well as the right of the lender to charge a loan expiry fee. The mortgage agreement provided, in a relatively common form, that interest was payable at a “Higher Rate” but that …

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