LNCP002 Pty Ltd v Feridun Akcan [2021] NSWSC 848 — Breach Of Contract & Implied Terms — Barrister AI

LNCP002 Pty Ltd v Feridun Akcan

[2021] NSWSC 848

Supreme Court of NSW

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Interrogate

Catchwords

1. Contracts
2. › Breach of contract
3. › alleged default by borrower under mortgage
4. › where due date for payments disputed
5. › whether due date varied orally or in writing by parties
6. › held, due date was varied as advanced by lender
1. Contracts
2. › Implied terms
3. › Terms implied in fact
4. › whether it was an implied term of the loan agreement that the lender would provide a loan statement upon request
5. › where borrower had express right to early repayment of loan
6. › where borrower had to give irrevocable notice specifying the amount to be repaid
7. › held, necessary to imply such a term
1. Estoppel
2. › Promissory estoppel
3. › where borrower believed payment was due on 11th
4. › where lender previously accepted payment on 11th
5. › whether lender entitled to issue default notice due to failure to pay on 8th of the month
6. › held, lender was estopped from issuing default notice
1. Consumer Law
2. › Unconscionable conduct
3. › In connection with goods or services
4. › System of conduct or pattern of behaviour
5. › where lender failed to issue loan statement without reasonable excuse
6. › where lender entered negotiations for deed of forbearance during COVID-19 shutdown
7. › where lender issued default notice during negotiations
8. › where default notice issued two days before borrower believed payment was due
9. › held, lender acted unconscionably under s 21 of the ACL

Case Details

Citation[2021] NSWSC 848

CourtNSWSC

JurisdictionNew South Wales

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Cited by1

2021LNCP002 Pty Ltd v Feridun Akcan (No 2)NSWSC 1018

Relies on19

2019Australian Securities and Investments Commission v KobeltHCA 18
2018Australian Competition and Consumer Commission v Medibank Private LimitedFCAFC 235
2017Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd (in liquidation) (No 2)FCA 709
2015Paciocco v Australia and New Zealand Banking Group LimitedFCAFC 50
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