Summary Judgment

Perpetual Trustee Company v Azzi [2008] NSWSC 1008

The borrower immigrated from Lebanon in 1984. Her husband transferred the house into her name and she asserts he had her sign mortgage documents which she did not understand, did not read, and knew nothing about. The lender asserted her Contracts Review Act defence was hopeless and sought summary judgment. However Associate Justice Harrison held: …

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Perpetual Trustee v McAndrew [2007] NSWSC 1452

In this case Perpetual Trustee and Challenger Managed Investments (the lender) sought possession of the security from McAndrew (the borrower). McAndrew raised a Contracts Review Act defence claiming the mortgage should be set aside (and he should not have to repay the loan) on the grounds that a “pre-existing mood disorder, exacerbated by a motor …

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Pepper Finance Corporation v Williams [2007] NSWSC 1236

In this case the borrower, Lydia Williams, filed a Defence to a claim for possession by Pepper Finance Corporation, she also filed a cross-claim and a Amended Defence. The lender filed a motion for summary judgement on the basis the defence did not disclose any arguable defence to the claim for possession. The borrower then …

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CBA v Clune [2007] NSWSC 305

In this case the borrowers sought to set aside default judgement and amend their defence in relation to another which the bank sought summary judgement. Their excuse for the delay was that they had employed a particularly lackluster solicitor and had had to change solicitors. The proposed defence raised the Contracts Review Act. There had …

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Permanent Custodians v Upston [2006] NSWSC 1128

The lender is claiming summary judgement for a debt owing under a loan agreement secured by a registered mortgage over the borrowers home. The borrower is seeking to stay these proceedings until a hardship application is heard and also to transfer the matter to the Tribunal. The borrowers defence relies on s80(2) of the Consumer …

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Chandra v Perpetual Trustee Victoria [2006] NSWSC 1046

The owners of a property at Kingsford are presently seeking to have the full amount of the monies owed to the lender recovered from a solicitor. In April 2005 the solicitor received an email from a fraudster (claiming to be a friend of the property owners) asking for a new CT. The solicitor obtained a …

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Perpetual Nominees v Aus Constructions [2005] NSWSC 1199

In this case a mortgage included a provision which made the lodging of a caveat over the security a breach of the loan. In the event of a default the mortgage had an acceleration clause. Both the borrower and the guarantors, in different cases, resisted the lender’s claim on the grounds that the caveats which …

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First Option Credit Union v Williams [2005] NSWSC 855

This was an application by the defendant to amend the defence and also to have the proceedings dismissed as frivolous or vexatious, or no reasonable cause of action was disclosed, or because the proceedings were an abuse of the process of the court: UCPR 13.4. The defendant was borrower, mortgagor and guarantor of a loan …

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Bridgecorp Finance v Judith Comer [2005] NSWSC 225

This was an application for summary judgement brought by the lender as second registered mortgagee. Neither the cause of action nor the facts which supported it were fully set out in the judgement. It appears that it was an action for sale of the mortgaged property by the second registered mortgagee which was opposed by …

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