Estoppel

John Anthony Jeans v John Richard Bruce [2004] NSWSC 539

Mortgage Case Notes / October 28, 2019 / ,

This matter involved two groups of claims: claims relating to contribution in relation to guarantees and claims in relation to heads of agreement. The first issue to be determined in this case was the proposition that contribution between co-sureties depends on the underlying legal relationship. At paragraph 249, his Honour quoted extensively from Rowlatt on …

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Illawong Village v State Bank of NSW [2004] NSWSC 18

Mortgage Case Notes / October 28, 2019 / ,

In this case, the borrower approached the bank to obtain finance for the construction and operation of a shopping centre.  A three year loan was given to the borrower under which the borrower agreed to mortgage its interest in the land on which the shopping centre was built. However, it was discovered shortly thereafter that …

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