Nail in coffin for opportunistic off-the-plan terminations: Feb ’12 LSA amendment unnecessary

The Court of Appeal has finally put to rest any argument about a buyer’s right to contract termination after the expiration of a LSA “sunset date” where the delay results from the buyer’s own conduct. (more…)

Court dismisses “unfair” CBA home re-possession action

Australia’s largest bank has been denied re-possession of a Boronia Heights home that it had hoped to sell to cover the homeowner’s $300,000 (more…)

Forfeiture of deposit Vs re-sale damages: what to do?

Investors who successfully recovered a $135k deposit as a result of a settlement “no-show” on the sale of their $1.35 million Isle of Capri home in September, have themselves been ordered to pay up more than $200k (more…)

Supreme Court stares down $3.5 quintillion global debt waiver decree

A plea for relief to Queensland’s court of appeal by Currumbin Valley home owners – who failed in their self-represented September bid to prevent foreclosure by their mortgage lender – has been abandoned with the borrowers deciding instead to rely upon a recent worldwide debt (more…)

Investor perishes as Altitude takes toll

A $3.27 million investment with property fund manager Securcorp, was induced by  assurances of a “safe and secure” venture that included personal guarantees from asset rich individuals. (more…)

Buyers walk on PAMDA conflict, reform remains distant

The Supreme Court last month ruled on the PAMDA derailment of a successful off-the-plan sales campaign by distressed Mudgeeraba unit developer SDW Projects, opening the way for damages claims against some of (more…)

Arbitrary penalty interest argument edges closer to seismic High Court ruling

The legality of penalty interest charges levied by mortgage lenders on “defaulting” domestic and commercial borrowers, yesterday moved one step closer to (more…)

Rogue salesman’s ghost sales cripple developer, sink city agencies

A seemingly gifted sales agent – motivated by a desire for fixed retainer remuneration rather than reliance on the ups and downs of sales commissions -  has brought a developer (more…)

Proving the spoken word: Westpac slotted on sales rep’s promises

When Michael Lee and Majed Hawatt signed up as “sophisticated investors” for  Westpac’s GPS “capital protected” borrowed funds investment in June (more…)

Last minute contract amendments: does signing mean everything’s agreed?

In a lesson to all agents, developers and lawyers about how things can go wrong under pressure, Gold Coast merchant bank Equititrust survived a three day courtroom struggle in August to preserve its $8 million (more…)

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