Unjustness

Bendigo and Adelaide Bank v Stamatis [2014] NSWSC 1233

A son borrowed money secured by his parents’ house by a mixture of forging their signatures and telling them it was to refinance their mortgage. In fact, they were increasing their loan from $40k to $440k. In addition, the parents were Greek, had limited English and Several months after settlement, the loan was split into …

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Canty v PaperlinX [2014] NSWCA 309 (5 September 2014)

A husband and wife guaranteed the debts of their company to a supplier and the supplier sued on the guarantees. The court found in favour of the supplier and the husband and wife appealed. One basis of their appeal was that the wife should be released from the guarantee as it was unjust under the …

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Hannaford v CBA [2014] NSWCA 297

The borrower defaulted and the bank sued the guarantor. At a very late stage (two years later) the guarantor sought to amend her defence and cross-claim to plead that she had no knowledge of executing the guarantee, and a Contracts Review Act defence. The court’s power to permit a defence to be amended is qualified …

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Westpac v Diakakis [2014] NSWSC 928

A father and son obtained finance to purchase an apartment and granted a mortgage. The loan went into default and the lender sued for possession. The father argued that he was induced to sign the loan and mortgage under the influence of his son and those agreement were void and unjust. At the hearing, the …

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Nibar Investments v Manikad [2014] NSWSC 920

The lender sought possession but did not sue the guarantor. The arrangement was struck that finance would be provided to the guarantor’s company, and a new purchase contract was entered into to reflect this. The guarantor sought to be joined on the basis that the loan, mortgage and guarantee be set aside because the arrangement …

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Hilton v Gidley [2014] NSWSC 874

A sister suffering from schizophrenia provided a guarantee and mortgage for her sister’s loan and received none of the proceeds. The borrower defaulted and the lender sought possession. The sister’s lawyer filed a submitting appearance by mistake and the lender obtained default judgment in her absence. The sister had been notified of the proceedings before …

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Perpetual Trustee Company v Papantoniou [2014] NSWSC 885

The primary case was decided in favour of two brothers as against a solicitor who bought out their sister’s interest with loan secured over the property and by the brothers’ guarantees. The solicitor sought to be discharged from the loan and the brothers successfully claimed that their agreement with the solicitor was unjust and were …

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