In this case the borrower raised a defence on the grounds that the bank had not complied with the terms of its own mortgage which contained notice requirements over and above those ordained by the law. Bransgroves Lawyers always tells lenders not to put hurdles for themselves in their own documents. Various statues and the …
In this case the borrower (Mr Nabil Moussa) obtained a stay of eviction by Perpetual (the Lender) on 12 December 2007 on the grounds that: “… in or about … February this year the New South Wales Crime Commission confiscated [a particular sum of money], and as a result I had no working capital to …
The borrower Mrs Williams sought a stay of eviction by on the grounds that she wished to appeal the judgment for possession on the following grounds: She did not consent to the jurisdiction of the Supreme Court, Pepper Finance failed to to follow the procedure for dispute resolution laid down in chapter 18 of St …
Pepper Finance Corporation v Williams [2008] NSWSC 4 Read More »
In this case the borrower received a letter of offer to refinance from a company associated with the lender’s solicitor. The borrower argued that proceeding with the eviction would amount to a breach of the promise. However the court ruled that the lender has not issued the letter of offer and could not be bound …
Lawteal Seconds v Warrimoo Property [2007] NSWSC 1124 Read More »
In this case the borrower went into default on 29 March 2005, the proceedings were commenced on 15 June 2006. The borrower was granted five stays of the writ of possession in a row. The borrower claimed to be refinancing but had $30,000 of other unpaid debts on her CRA and no evidence that any …
The defendant borrowed $460,000 from the plaintiff, secured by mortgages over two properties. After the defendant defaulted the first property was sold. In these proceedings the defendant sought to have the default judgement for possession of the second property (the family home) set aside. The defendant claimed to not have received the statement of claim …
Balanced Securities v Oberlechner [2007] NSWSC 80 Read More »
In this case judgement for possession and a writ was obtained but voluntarily stayed to allow refinance. Finally the lender decided to proceed and the borrower sought a court ordered stay. The judge held: I am acutely sympathetic to the circumstance that this is a farming property. And I also bear in mind that there …
Permanent Trustee Company v Burkitt Australia [2006] NSWSC 1343 Read More »
In this case Johnson J considered common stay applications that come before the courts and the circumstances that the court is likely to take into consideration when exercising its discretion. Where a defence is to be filedWhere the borrower indicates that the proceedings are to be defended, a draft Notice of Grounds of Defence should …
Default judgement was entered and then a stay was sought. The parties then entered into consent orders providing for the lifting of the stay. These were held in escrow while the borrower’s attempted a refinance. The refinance fell over and the borrowers claim it was because the Lender scared away the incoming mortgagee by providing …
Circuit Finance v Castagnet Property Group [2006] NSWSC 553 Read More »
