Trade Practices Act

Guardian Mortgages v Miller [2004] NSWSC 1236

The Plaintiff has brought these proceedings for an order for possession in relation to property at Bardwell Park and for an order for the judicial sale of a separate property (“the charged property”). The Defendant opposed the making of these orders, and by way of a cross-claim, sought relief against forfeiture. The Defendant entered in …

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Allan John Bakarich and Anthony George Bakarich as Executors of the Estate of the late Mary Patricia Bakarich v CBA [2004] NSWSC 660

This was a decision in relation to costs made after a protracted case with judgment handed down on 20 April 2004, where orders were made that the Plaintiffs’ claims was dismissed and that there be judgment for the Defendant. The Defendant subsequently sought an order that the Plaintiffs pay its costs of the proceedings on …

Allan John Bakarich and Anthony George Bakarich as Executors of the Estate of the late Mary Patricia Bakarich v CBA [2004] NSWSC 660 Read More »

Aneve v BankWest [2004] NSWSC 640

The Second Plaintiff, Dr Iannuzzi and the Third Plaintiff, his wife, Dr Tsironis, were the sole directors of the First Plaintiff (“Aneve”), which was a family trust company. By instrument dated 21 January 2002, Aneve guaranteed to the Defendant (“BankWest”) repayment by Barrington Estates Ltd (“Barrington”) of an advance of $1M (“the Guarantee and Indemnity”). …

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Allan John Bakarich and Anthony George Bakarich as Executors of the Estate of the late Mary Patricia Bakarich v CBA [2004] NSWSC 283

A lending facility was set up for a company owned and managed by the oldest brother of the family (“the borrowing company”). The purpose of the facility was to assist the company in the importation of air conditions for sale in Australia. Guarantees and mortgages (“the securities”) were obtained from the other members of the …

Allan John Bakarich and Anthony George Bakarich as Executors of the Estate of the late Mary Patricia Bakarich v CBA [2004] NSWSC 283 Read More »

Timms v CBA; CBA v Timms [2004] NSWSC 76

A husband and wife (“borrowers”) wanted to take out a loan with the bank to finance their purchase of a business. It was known to the borrowers that the business also conducted its banking with the bank, but at a different branch. Consequently, when the borrowers attended their local branch to discuss the application for …

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