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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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CGU Insurance Limited v One.Tel Limited
In this case, the High Court considered whether a trustee, appointed to administer the estate of a former director of One.Tel Limited (in liquidation) (One.Tel) under a deed of...
25 August 2010
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Categorised In: Commercial Finance, Litigation & Dispute Resolution
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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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Latest decision says not in Queensland
A buyer or incoming financier who fails to lodge a settlement notice or caveat to protect their position pending registration of their interest can be at risk that a judgment...
17 May 2010
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Categorised In: Commercial Finance
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Incurring a shortfall is of concern for a mortgagee. However dealing with surplus sale proceeds after exercising power of sale or dealing with remaining securities after being fully repaid can also be matters for...
22 April 2010
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Categorised In: Commercial Finance
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Recently, the Insurance Contracts Amendment Bill 2010 (Cth) was introduced into parliament and proposes to make significant amendments to the duty of utmost good faith and the duty of disclosure.
The duty of utmost good...
31 March 2010
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Categorised In: Commercial Finance, Insurance