Right to Possession

RHG Mortgage Corporation v Schafer [2014] WASC 297

The lender sought possession but did so late because it had granted a number of indulgences to the borrower and was also delayed owing to an unsuccessful FOS complaint. The court granted the lender an extension of time. The borrowers did not file a defence, only a total of 12 affidavits. The borrowers argued that …

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Sgargetta v NAB [2014] VSCA 159

The lender sued for possession and the parties entered into a deed of settlement. The borrower failed to comply with the deed and provide finance approval acceptable to the lender for a specified sum but nevertheless attempted to pay that sum to the lender at trial. The court held that the borrower’s failure to comply …

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Westpac v Diakakis [2014] NSWSC 928

A father and son obtained finance to purchase an apartment and granted a mortgage. The loan went into default and the lender sued for possession. The father argued that he was induced to sign the loan and mortgage under the influence of his son and those agreement were void and unjust. At the hearing, the …

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Nibar Investments v Manikad [2014] NSWSC 920

The lender sought possession but did not sue the guarantor. The arrangement was struck that finance would be provided to the guarantor’s company, and a new purchase contract was entered into to reflect this. The guarantor sought to be joined on the basis that the loan, mortgage and guarantee be set aside because the arrangement …

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AI Property Investments v National Funding Group [2014] VSC 315

The borrower defaulted and the lender took possession. However, it was then agreed by deed of settlement that the borrower would repay the loan by year end. The borrower did not repay and requested further time, the lender refused and sold the property to a third party. The borrower sought to restrain the sale and …

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