Unjustness

Perpetual Trustee Company v Khoshaba [2006] NSWCA 41

This case was regarded as a watershed in the Court’s interpretation of the Contracts Review Act. In relation to the Act generally Basten JA said at [115]: That is not to say that the Court is launched on an uncharted sea with no navigational guides, but rather that constraints which would preclude intervention according to …

Perpetual Trustee Company v Khoshaba [2006] NSWCA 41 Read More »

Permanent Trustee Australia v Mary Gusevski [2005] NSWSC 1281

In this case a woman borrowed against her house at the urging of her partner and he dissipated the money. She defended the lender’s claim for possession with a Contracts Review Act defence and argued that the lender had behaved unconscionably under the general law. The lender joined the solicitor who had given independent legal …

Permanent Trustee Australia v Mary Gusevski [2005] NSWSC 1281 Read More »

Chen v Song [2005] NSWSC 19

Upon the borrower’s default in making repayments Chen (the lender), claimed possession of properties secured by registered mortgages purportedly granted by the Songs (the borrower), as well as the balance due under the mortgages. The borrower alleged the signatures on the mortgages were forged so that there was no agreement, that if there was an …

Chen v Song [2005] NSWSC 19 Read More »

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 …

Guardian Mortgages v Miller [2004] NSWSC 1236 Read More »

Garas v Maharaj [2004] NSWSC 1157

The plaintiff provided some vendor finance at 20% to the defendants, Geoffrey Maharaj and Seini Maharaj on their purchase of his property. The amount of the loan is in dispute. Additionally, Mr and Mrs Maharaj claimed that the agreement in relation to interest was unjust in terms of the Contracts Review Act 1980 or the …

Garas v Maharaj [2004] NSWSC 1157 Read More »

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 »

CBA v G S Development [2004] NSWSC 511

The plaintiff sought summary judgment under Part 13 rule 2 of the Supreme Court Rules in this application and the defence sought relief saying that the proceedings were frivolous, or vexatious or that no reasonable cause of action or that the proceeding s were an abuse of process of the Court. The plaintiff was seeking …

CBA v G S Development [2004] NSWSC 511 Read More »

Scroll to Top