The bank obtained possession back in January 2012. The borrower repeatedly said that funds were coming from various sources to enable her to pay her arrears (a “scratchie”, from Canada and more gravely, led the borrower to falsify documents) but the arrears, though small, were not paid. The borrower sought to stay eviction on the …
The lender obtained default judgment and the borrower sought to have it set aside and a stay of the writ of possession. The borrower argued that it was unconscionable for the lender to lend him money since he had insufficient income to repay the loan, placing him in a position of special disadvantage and raised …
National Australia Bank v McCarthy [2015] NSWSC 1040 Read More »
This was an extremely sad case where a retiree of 75 years invested his entire redundancy package and more, by way of a high interest loan secured on his home as collateral in someone else’s business. The borrower defaulted and the lender sought possession. The borrower then sought a late stay after settlement negotiations with …
Gustin Group v Phoenicia Trading [2015] NSWSC 1071 Read More »
The lenders obtained summary judgment and an order for possession and the borrower then sought to suspend its enforcement on the basis that judgment was obtained in her absence and the lender’s agent had allegedly falsified income and work history details in the loan application to meet the lender’s criteria and the lender had made …
Commonwealth Bank of Australia v Sowter [2015] NSWSC 999 Read More »
The lenders obtained summary judgment and an order for possession and the borrower then sought to suspend its enforcement on the basis that judgment was obtained in her absence and the lender’s agent had allegedly falsified income and work history details in the loan application to meet the lender’s criteria and the lender had made …
A borrower sought to stay the lender’s auction of his property on the basis that his friend had obtained finance to purchase the house. However the friend had not actually received formal approval but only a preliminary or conditional offer of finance. The court refused the stay. The court noted that a borrower seeking postponement …
A husband and wife owned three properties, living on one and operating a flower farming business on the other two. They borrowed money from the bank. There was a dispute with the bank which ultimately resolved at farm debt mediation, the bank reducing the debt from $6M to $2M and releasing their home. They allowed …
The borrowers in this case were mother and daughter. The sought a stay of possession pending appeal of a summary judgment against them for possession. The question arose at the time of the summary judgment application as to whether several FOS disputes which had been lodged by the borrower were still on foot. A FOS …
This case arose initially out of a mistake made by the bank in relation to its pay out figure, quoting a figure less than the correct amount of the mortgage debt, but it corrected the mistake before the borrower’s scheduled settlement to discharge the debt. However the borrower reacted to the mistake by cancelling the …
A tenant obtained a stay of eviction in relation to a home she was sub-leasing which had been the subject of an order for possession by the tribunal. Her tenancy expired and the court refused to grant her a further stay. She appealed the refusal of the stay. Any appeal of a discretionary decision requires …
