New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Mortgages


  1. 14/05/2015
    Mortgages: common law mortgage; conveyance and option to repurchase; intention of parties; extrinsic evidence; whether agreement was agreement under a term of a mortgage that conferred a right to occupy residential premises on a party to the mortgage under s 8(1)(g) of the Residential Tenancies Act 2010 (NSW)
    Hudson v ARAP 1 (NSW) Pty Ltd  [2015] NSWCA 126
  2. 16/04/2015
    Mortgages: mortgages and charges generally; remedies of the mortgagor; improper exercise of the power of sale; whether the mortgagee failed to take reasonable care in relation to obtaining market value for land sold in the exercise of the power of sale; Corporations Act 2001 (Cth), s 420A
    Golden Mile Property Investments Pty Ltd (in liq) v Cudgegong Australia Pty Ltd  [2015] NSWCA 100
  3. 27/11/2014
    Mortgages: exercise of power of sale; obligation to exercise reasonable care, not merely good faith; Corporations Act 2001 (Cth) s 420A; whether breach by advertising "mortgagee sale"; whether breach by misdescribing suburb; whether mortgagee obliged to wait for mortgagor to complete proposed sale; no breach established; appeal dismissed
    ACES Sogutlu Holdings Pty Ltd (in liq) v Commonwealth Bank of Australia  [2014] NSWCA 402
  4. 18/09/2014
    Mortgages: Real Property Act 1900 (NSW) ss 3, 57(2)(b); forged direction to disburse funds; whether obligation to repay extended to sums disbursed pursuant to forged direction; appeal and cross-appeal dismissed
    Perpetual Trustees Victoria Ltd v Cox  [2014] NSWCA 328
  5. 18/03/2014
    Mortgages: mortgages and charges generally; form, validity and effect; whether breach of the Powers of Attorney Act
    Dimitrovski v Australian Executor Trustees Limited  [2014] NSWCA 68
  6. 26/11/2013
    Mortgages: mortgages and charges generally; particular mortgages and encumbrances; subrogation; joint venture agreement; third party has paid off a mortgage; whether the presumption that the third party intends to keep the mortgage alive for its own benefit was rebutted; whether primary judge erred in rejecting the subrogation claim
    Aged Care Services Pty Ltd v Kanning Services Pty Ltd  [2013] NSWCA 393
  7. 23/10/2013
    Mortgages: Farm Debt Mediation Act 1994; deed of settlement regarding a farm mortgage entered into following mediation of dispute; whether a new farm mortgage came into existence by virtue of that deed; whether Act applies where a creditor’s petition has been lodged pursuant to the Bankruptcy Act 1966
    Sharpe v Hargraves Secured Investments Ltd  [2013] NSWCA 288
  8. 17/06/2013
    Mortgages: equitable mortgage over shares; creation; effect of specifically enforceable agreement to create mortgage by deposit of share certificate; failure to obtain signed transfer; subsequent extension by contract to secure later borrowing; equitable mortgage not created by mere retention of share certificate by bank; rights governed by terms of agreement
    National Australia Bank Ltd v Clowes  [2013] NSWCA 179
  9. 14/05/2013
    Mortgages: fraud; broker alleged to have lodged false documents with loan application; whether signatures forged; alleged disadvantage; whether appellants misled
    Carnemolla v Adelaide Bank  [2013] NSWCA 122
  10. 16/11/2012
    Mortgages: Discussion of the rule in Hopkinson v Rolt [1861] EngR 641; [1861] 9 HL Cas 519; (1861) 11 ER 829; whether rule is engaged where advances made by first and second mortgagees before notice of the other's mortgage; mortgages postponed by agreement by registered deed, Court held the rule does not operate in this matter; effect of s 58(3) Real Property Act 1900 (NSW); discussion of governing principles of marshalling.
    Naxatu Pty Limited v Perpetual Trustee Company Limited  [2012] FCAFC 163