Perpetual Trustees Victoria Limited v Mason [2022] QDC 246
11-11-22 / Michael May — Contract, Banking
This was an application by a bank for summary judgment against a borrower. The borrower sought to avoid judgment by raising a range of defences, including unconscionability and an argument that the mortgage documents had been defectively executed. The Court summarily dismissed the borrower’s arguments and gave judgment for the…
Point Bay Developments Pty Ltd v Perkins (WA) Pty Ltd [2021] QSC 272
22-10-21 / Matthew Hickey OAM KC — Commercial Equity, Banking
By mistake, the applicant caused the ATO to pay a GST refund to a related party's bank account instead of its own. The related party was the respondent's judgment debtor of the respondent. Before the mistake was identified, the related party's bank (responding to a debt appropriation order made pursuant…
23-6-21 / Nicholas Andreatidis KC, Anthony Messina, Sophie Gibson — Contract, Banking
Anthony Messina and Sophie Gibson appeared for the respondents, instructed by Mullins Lawyers. The judgment is available here. Counsel authored this summary of the issues, outcome and implications arising from the matter. A snapshot summary of the case background and issues is available here.
Scriven v Queensland Rural and Industry Development Authority [2021] QCA 121
4-6-21 / Mark Eade — Banking
The applicant applied to the Court of Appeal for an extension of time within which to appeal a dismissal of his application for a statutory order of review ([2019] QSC 176). The application for a statutory order of review arose out of a mediation held under the provisions of the…
Suncorp-Metway Ltd ABN 66 010 831 722 v Nagatsuma & Anor [2019] QSC 16
7-2-19 / Damian Clothier KC — Land Law & Property, Banking
The applicant, a bank as mortgagee, was applying for possession of a property. The respondents suggested there had been no default and claimed the mortgagee had no entitlement to possession of the property. The respondents also made allegations of fraud or misconduct by an employee of the bank causing the second…
