The bank obtained judgment for possession of a number of development properties and the developer sought an urgent stay. The bank was owed $11 million and no loan repayments had been made since 2008. The judge seemed to recognise he might have been the cause of such a hopeless application being made noting: There are …
Caporale v National Australia Bank [2012] NSWCA 427 Read More »
A farmer granted both a real estate and chattels mortgage to a lender in relation to his farm. The farmer and his wife divorced and came to a settlement in family court whereby she was given certain of the charged goods. The lender sought a final injunction restraining the husband and former wife from dealing …
The borrower sought an injunction to stop the sale of three blocks of land in a larger aggregation of properties all securing the same debt. They wanted the other properties sold first. The application was made pursuant to s 1321 of the Corporations Act which essentially allows appeals from the decisions of Receivers. The borrowers …
The borrower lodged a caveat to prevent the sale of the property by the mortgagee which it claimed to be at undervalue. The lender sought a withdrawal of caveat. The Judge found for the lender and the borrower appealed. Insufficient sale proceeds to discharge the mortgageThe borrower argued the Judge had wrongly taken into consideration …
Bayblu Holdings v Capital Finance Australia [2011] NSWCA 39 Read More »
Iscorp and Yohana were involved in a dispute as to ownership of a property. Iscorp sought an interim injunction to prevent Yohana from selling the property until the final dispute was determined. The Judge considered that: The purpose of such an injunction is to preserve the status quo; A Judge must look at the course …
A litigant in the District Court suffered a costs order on indemnity basis payable forthwith. In order to avoid his defence in those proceedings being struck out for failure to pay the costs the litigant granted a mortgage to secure those costs. The mortgagee immediately took steps to sell the property and the litigant made …
The borrowers rushed to Court on the day of the auction and sought an injunction to prevent the lender selling the property. The borrowers were dissatisfied with the lender’s marketing campaign. They were also dissatisfied with the agents appointed on the sale and the sale by auction rather than by tender. They also had advice …
Upon default by the borrower in making loan repayments the lender sought to exercise its power of sale with respect to the secured property. The borrower commenced proceedings for an injunction restraining the sale of the property. The borrower argued there was a serious question as to whether there were any arrears in repayments, based on …
Maytom v Perpetual Trustees Victoria [2010] NSWSC 765 Read More »
This was an application to injunct the power of sale, to grant leave to sue the lender’s solicitor and barrister and to set aside a consent judgement order. The trouble began when the borrowers defaulted under their mortgage and the lender commenced proceedings for possession were instituted. A Defence was filed which alleged that the …
In this case the lender obtained default judgement, took possession and sold the mortgaged property. On the day the sale was due to settle the borrower approached the Duty Judge seeking to set aside a default judgment so she could defend the matter and to obtain an injunction preventing the settlement of the sale. The …
