Court of Appeal

Nguyen v Westpac Banking Corporation [2014] QCA 117 (13/8021) Gotterson and Morrison JJA and Martin 23 May 2014

Full-text: QCA14-117.pdf


MORTGAGES – RECEIVERS – POWERS, DUTIES AND LIABILITIES – where the appellant customer had two overdraft facilities with the respondent bank – where the facilities were secured by a mortgage over the appellant’s real property – where the debt balances in the facilities were in excess of their limits – where this constituted a Default Event under the mortgage Schedule – where the appellant submitted that the overdraft limits had been increased – whether the appellant had to deliver up vacant possession of the mortgaged property to the respondent and receiver