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Lenders in New South Wales breathed a sigh of relief earlier this month when the Supreme Court ruled in Bank of Western Australia Ltd v. Primanzon [2010] NSWSC 862 that two part-time commercial property investors could...
25 August 2010
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Categorised In: Banking & Finance, Commercial Finance
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Background
Section 84 of the Property Law Act in Queensland provides that a mortgagee may not exercise the power of sale unless a notice under section 84 has been served on the mortgagor and the specified default is not...
16 August 2010
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Categorised In: Banking & Finance, Commercial Finance
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The Property Law (Mortgagor Protection) Amendment Act 2008 (Qld) commenced on 12 December 2008. It has ramifications for a mortgagee, an attorney for the mortgagor, or a receiver acting under a power delegated to the...
29 July 2009
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Categorised In: Banking & Finance
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In Sablebrook P/L v. Credit Union Australia [2008] QSC 242 the mortgagee breached section 85 of the Property Law Act 1974 by failing to take reasonable care to ensure the mortgage property was sold at market value....
29 January 2009
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Categorised In: Banking & Finance
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In Bahadori -v- Permanent Mortgages Pty Ltd (2008) NSWCA 150 (26 June 2008) the New South Wales Court of Appeal decided that a signed business purpose declaration was ineffective under section 11(2) of the Consumer...
09 September 2008
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Categorised In: Banking & Finance
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A copy of this Alert has been published in the October 2008 issue of the Australian Law Journal (p.673).
In brief
The Qld Supreme Court decision in Royalene Pty Ltd v Registrar of Titles & Ors (2008) QSC 64 (7 April...
02 July 2008
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Categorised In: Banking & Finance