Banking & Real Property
Australia & New Zealand Banking Group Limited v Costikidis [1994] VSC 823; BC9401304
Real property - Mortgages and securities - Guarantee mortgage given as security for financial accommodation - Claim for relief based on allegations of unconscionable conduct, negligent statement and misleading or deceptive conduct – Bank entitled to be subrogated
Australia & New Zealand Banking Group Limited v Dunosa Pty Ltd [1994] VSC 347; BC9406147
Real property - Mortgages and securities - Whether liability under mortgage and cross deed to be understood as that of a surety - Whether security documents should be set aside on basis of principle in Yerkey v Jones.
Australia & New Zealand Banking Group Limited v Pham & Ors [1999] VSC 503; BC9908203
Real property - Mortgages and securities - Loan secured by mortgages and guarantees - Unconscionable conduct and non-disclosure alleged against the bank - ‘married woman’s defence’ - Whether common mistake or non est factum.
Beatty v Australia & New Zealand Banking Group Ltd [1995] 2 VR 301; (1995) VConvR 54-517; [1995] ANZConvR 478; [1995] VicRp 57; BC9503272
Real property – Mortgages - Registration - Torrens system – Indefeasibility principles – Fraud of bank officer – consequences – Mortgage removed from Register
Irani v St George Bank Ltd [2004] VSC 260; BC200405547
Banking - Guarantee and Surety - construction of Bank Fully Drawn Advance facility - whether Bank entitled to sell security - whether sale by Bank a breach of facility -whether material variation of facility so as to discharge surety - whether repudiation by Bank - whether common mistake.
Zorita Nominees Pty Ltd ATF Wise Family Trust v Australia & New Zealand Banking Group Limited (1994) VSC 784; BC9406463
Real property - Mortgages and securities - Mortgages - Power of sale – Application for interlocutory injunction to restrain exercise – Whether bank knew mortgagor trustee so implicated in breach of trust – Whether cross deed of covenant limited liability of parties to it - Whether bank acted unconscionably in not explaining effect of cross deed – Whether effect should be given to belief that liability limited notwithstanding no outward expression of agreement.
Australia & New Zealand Banking Group Limited v Costikidis [1994] VSC 823; BC9401304
Real property - Mortgages and securities - Guarantee mortgage given as security for financial accommodation - Claim for relief based on allegations of unconscionable conduct, negligent statement and misleading or deceptive conduct – Bank entitled to be subrogated
Australia & New Zealand Banking Group Limited v Dunosa Pty Ltd [1994] VSC 347; BC9406147
Real property - Mortgages and securities - Whether liability under mortgage and cross deed to be understood as that of a surety - Whether security documents should be set aside on basis of principle in Yerkey v Jones.
Australia & New Zealand Banking Group Limited v Pham & Ors [1999] VSC 503; BC9908203
Real property - Mortgages and securities - Loan secured by mortgages and guarantees - Unconscionable conduct and non-disclosure alleged against the bank - ‘married woman’s defence’ - Whether common mistake or non est factum.
Beatty v Australia & New Zealand Banking Group Ltd [1995] 2 VR 301; (1995) VConvR 54-517; [1995] ANZConvR 478; [1995] VicRp 57; BC9503272
Real property – Mortgages - Registration - Torrens system – Indefeasibility principles – Fraud of bank officer – consequences – Mortgage removed from Register
Irani v St George Bank Ltd [2004] VSC 260; BC200405547
Banking - Guarantee and Surety - construction of Bank Fully Drawn Advance facility - whether Bank entitled to sell security - whether sale by Bank a breach of facility -whether material variation of facility so as to discharge surety - whether repudiation by Bank - whether common mistake.
Zorita Nominees Pty Ltd ATF Wise Family Trust v Australia & New Zealand Banking Group Limited (1994) VSC 784; BC9406463
Real property - Mortgages and securities - Mortgages - Power of sale – Application for interlocutory injunction to restrain exercise – Whether bank knew mortgagor trustee so implicated in breach of trust – Whether cross deed of covenant limited liability of parties to it - Whether bank acted unconscionably in not explaining effect of cross deed – Whether effect should be given to belief that liability limited notwithstanding no outward expression of agreement.
