CONTRACTS — deeds — where third defendant retained plaintiff finance broker in relation to proposed refinancing transaction — where first and second defendants guaranteed third defendant’s obligations under agreement — dispute as to whether a service fee became payable under agreement — where defendants subsequently executed a deed acknowledging plaintiff’s right to service fee under agreement — where deed contains undertaking to pay service fee plus interest — where second defendant claimed to have executed deed due to abuse and intimidation by plaintiff — held that execution of deed not procured by unfair or illegitimate pressure — held that first and second defendants obliged to pay service fee plus interest in accordance with deed
MORTGAGES AND SECURITIES — charge — where charge expressed to secure moneys that become due and payable under agreement — where service fee did not become due and payable under agreement — where subsequent deed acknowledges that service fee is payable under agreement and refers to charging clause in agreement as valid — whether defendants precluded by estoppel by deed from asserting that there is no amount secured by the charge — where enforcement of charge is not an action on deed to enforce rights arising under deed — held no estoppel by deed precluded defendants from asserting that no moneys became due and payable under the agreement such as to be secured by the charge — plaintiff held not to be entitled to enforce charge to recover amount due under deed
Case Details
Citation[2022] NSWSC 531
CourtNSWSC
JurisdictionNew South Wales
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