MORTGAGES - possession - husband and wife borrow funds secured against their family home on lent to their business - business failed to pay the borrowers who eventually defaulted - application for possession or application for appointment of trustees for sale - Direction to pay - whether completed by borrowers - allegation of fraudulent conduct - application for a loan - whether a mortgage broker was an agent for lender
CONTRACTS - Contracts Review Act - unfair contracts - bargaining position between lending institution and borrower - no imbalance between the parties apart from the usual difference affecting terms of loan - no reason to suspect borrowers were credit risk - whether asset lending
LIMITATIONS - contract and tort - extension of limitation period where fraud or deceit
Case Details
Citation[2013] NSWSC 1189
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 1 later case that cites this judgment.
