Set Aside Judgment

De van der Schueren v Perpetual Trustee [2012] VSCA 86

The borrower sought to set aside default judgment. The defence she wished to raise was that the loan agreement had not been signed by the lender and that, accordingly, there was no contract. The Court of Appeal was scathing: It is indisputable that the applicant signed the loan document which reads as an offer to …

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Xiao v Perpetual Trustees [2012] VSCA 85

A woman alleged that her signature had been forged on a mortgage and guarantee. She claimed that she was not aware of the loan and that she had been made a director and shareholder of the company without her knowledge. The woman had delayed proceedings for a myriad of reasons ranging from medical grounds, terminating …

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RHG Mortgage Corporation v Sava [2012] QSC 96

The borrower sought an application to have the enforcement warrant set aside due to the lender knowingly ‘misleading’ him. The day before the enforcement warrant was to be executed the lender informed the borrower that if he paid a lesser amount, it might be possible to stay the warrant. It was on this basis that …

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Perpetual v Dilati [2011] NSWSC 891

A mortgagor owner of a house entered into an agreement with a purchaser to buy a house in two instalments over three years, with the purchaser permitted to occupy immediately. The mortgagee obtained default judgment for possession of the land and the occupier sought to have that set aside and be joined as second defendant. …

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Statewide Secured Investments v Hawkins [2011] NSWSC 144

The lender obtained default judgement and sold the security property. There was a shortfall so the lender pursued the borrowers. The wife, 15 months after judgement was entered, sought to set it aside. She did not tender a draft defence. The only issue raised was that her husband had handled her financial and legal affairs. …

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CBA v Usalj [2011] NSWSC 63

At the hearing of this matter the guarantors sought an adjournment as they had not yet served their evidence. The adjournment was denied, the guarantors did not participate in the hearing, and the bank obtained judgment. Four of the guarantors (the father, mother, sister and wife of the borrower) sought to have the judgment set …

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Adelaide Bank v Abdelkodous [2011] NSWSC 32

The loan was secured by the parents’ property. The bulk of the funds were paid directly to the son. The bank obtained default judgment and the parents sought to set it aside claiming that the son forged their signatures on and that the father was not even in the country at the time. A draft …

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Australian Regional Credit v Rukavina [2010] NSWSC 1466

The borrower sought to stay of eviction in order to obtain advice as to setting aside judgment granted in 2002. The borrower had a rather complex history of business dealings and borrowings. He had two companies which had been liquidated for failure to repay loans he had guaranteed. However, the borrower sought to argue that …

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