In this matter the lender obtained default judgment against the borrower. The borrower obtained a stay of the writ of possession and brought this application to set aside the default judgment and filed a defence under the Consumer Credit Code (“the Code”), Trade Practices Act 1974 (Cth), Fair Trading Act 1987 and Contracts Review Act 1980. Associate …
In this case the lender obtained default judgment and a writ of possession. The writ of possession was stayed pending repayment by the borrower. However, the borrower then filed an application to set aside the judgment and filed a defence. The defence raised arguments of unjustness under the Contracts Review Act and the Consumer Credit …
In this case the borrower alleged that she took out a mortgage in order to pay for her mother’s medical costs. She then refinanced six times, each time to avoid enforcement by the outgoing lender. The music stopped with a loan from MDN Mortgages. Unable to refinance the borrower filed the customary Contracts Review Act …
A single mother on welfare took a loan for, what the court found, was non-business purposes. However she signed a declaration indicating it was for business purposes. She then sought relief in the Consumer Tenancy Tribunal (CTTT). The CTTT found that it did not have jurisdiction to hear the matter. The borrower appealed to the …
A couple were turned down for refinance of their home loan because they were already facing eviction from their existing lender. They obtained a loan by falsely completing a Consumer Credit Code Declaration claiming the loan was solely for business purposes. When they went into default and the new lender sought possession, the couple filed …
In this matter possession proceedings were defended on the basis on the s57(2)(b) notice had not been served. However the mortgage manager, Royal Guardian, kept computerised telephone records that proved the borrower had called and acknowledged receiving the notice. Although a s57(2)(b) notice is not normally necessary to obtain possession it’s value as an acceleration …
This decision of Grove J involved a practising solicitor who borrowed money to pay out his ex-wife and make some alterations to his house. The borrower defended possession proceedings and cross-claimed for unspecified damages. He represented himself but chose not to give evidence. The borrower claimed the letter of offer (which constituted the loan agreement) …
Permanent Custodians v Leybourne [2009] NSWSC 288 Read More »
In this case the husband left his wife the following note: “I’m very sorry what I have done but I have had a very bad gambling problem and I have borrowed money on the house and I can’t repay it. Now the (sic) are taking the house…” The lender had unfortunately used an “all monies” …
Perpetual Trustees Victoria v Van den Heuvel [2009] NSWSC 57 Read More »
In this case the CBA refinanced a loan and by oversight left the old loan account open. The borrowers drew down on that account and used the money to buy a property in Perth. The bank sought possession on the basis of a default under the mortgage and later amended to plead mistake. The borrower …
In this case the lender sought possession of the security for non-payment under the mortgage after having served s57(2)(b) notices. In her defense the borrower firstly alleged she was not party to the mortgage, secondly that the credit was predominantly provided for personal, domestic or household purposes and that therefore the Consumer Credit Code applied …
