• Enforcement Warrants & Property in Queensland

    What does a mortgagee of property in Queensland need to do to ensure persons in occupation of the property other than the mortgagor comply with orders for possession?

    In Bank of Queensland Limited v Bottomley [2015] QSC 329 the Supreme Court of Queensland considered the requirements surrounding enforcement warrants where a mortgaged property is occupied by tenants.

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  • Equitable Interest in Land

    equitable interest

    Does an application under s 99(2) Property Law Act 1974 create an equitable interest in the land?

    In the matter of Asset Core Pty Ltd & Anor v Jarrett 1 Enterprises Pty Ltd & Anor [2015] QSC 270 the court refused to make an order for the sale of a mortgaged property despite an application under section 99(2) of the Property Law Act 1974 (Qld)

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  • Short-Term Loans Clamp Down: Rejected.

    short-term loans

    Federal Court of Australia Rejects ASIC’s Effort to Clamp Down On Access to Short-Term Loans.

    In the matter of Australian Securities and Investments Commission v Teleloans Pty Ltd [2015] FCA 648, the Federal Court of Australia has dismissed a bid by ASIC to shut down the short-term lending business of a Gold Coast-based lender represented by Elliott May Lawyers.

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  • Transfer of Mortgage: 2nd Mortgagee vs Borrower?

    transfer of mortgage

    Can a borrower rely on s.94 Conveyancing Act 1919 to compel a transfer of a prior mortgage to itself when a subsequent mortgagee has also sought to compel a transfer of that prior mortgage?

    In Geitonia Pty Ltd t/as Trustee for the Annandale Unit Trust v Westpac Banking Corporation [2015] NSWSC 419 the court was required to decide whether the 1st mortgagee was required to transfer its mortgage to the borrower or to the 2nd mortgagee.

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