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Trade suppliers, commercial credit providers and parties to commercial transactions commonly include what is referred to as a ‘charging clause’ in their terms of trade, contractual agreements and guarantee documentation. ...

Charging clause – beware!

Trade suppliers, commercial credit providers and parties to commercial transactions commonly include what is referred to as a ‘charging clause’ in their terms of trade, contractual agreements and guarantee documentation.

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Business purpose declaration provided too late

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 Credit Code where the declaration was obtained after the credit contract was entered into.

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