› where alleged oral representations by lender that interest payments on mortgage debt would be treated as principal repayments and the date for repayment of principal would be extended
› whether the parties conducted their relations on the basis of the assumed facts in the alleged oral representations
› whether detrimental reliance by mortgagor
Equity
› estoppel by conduct
› promissory estoppel
› where alleged oral representations by lender that interest payments on mortgage debt would be treated as principal repayments and the date for repayment of principal would be extended
› whether lender bound by alleged oral representations
› whether detrimental reliance by mortgagor
Equity
› estoppel by conduct
› promissory estoppel
› where alleged oral representations by lender that principal sum not due until contingent conditions fulfilled
› whether lender bound by alleged oral representations
› whether detrimental reliance by borrower
Contracts
› construction
› loan agreement
› where principal sum due one year after the making of the loan
› where borrowers also obliged to pay lender net proceeds of monies received from costs orders in separate proceedings in reduction of principal sum
› whether repayment of principal sum conditional on receipt of monies from the costs orders
Case Details
Citation[2021] NSWSC 434
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
