Legal Research
Cases
Commonwealth Bank of Australia v Chapman

Commonwealth Bank of Australia v Chapman

Case [2010] VCC 441

No judgment structure available for this case.

Type to search within this case.

This content is currently unavailable.

Details

AGLC: Commonwealth Bank of Australia v Chapman [2010] VCC 441
Case: [2010] VCC 441
Decision Date: 21 May 2010

CaseChat Overview and Summary

AI summary not yet generated for this case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Actions

Citations

Commonwealth Bank of Australia v Chapman [2010] VCC 441

Most Recent Citation

Chapman v Commonwealth Bank of Australia [2012] VSCA 162

Cases Citing This Decision

Chapman v Commonwealth Bank of Australia [2012] VSCA 162
Citation 1 (Para 1)

…view the Code does not … apply’.[3] She cited s 6(4) of the Code as the basis for that conclusion. [3] Commonwealth Bank of Australia v Chapman [2010] VCC 441, [110].…

Cases Cited

Statutory Material Cited

Shakespeare Haney Securities Ltd v Crawford [2009] QCA 85
Citation 1 (Para 31)

…e no difficulty in concluding that the purpose for which the loan was made was the purpose for which it was requested.” [8] [2009] QCA 85 at [31], with whom Mullins and Douglas JJ agreed; this passage is also cited by Beach J in Brott v Shrambrandt [2009] VSC 467 at [71]…
Australian Finance Direct Ltd v Director of Consumer Affairs Victoria [2006] VSCA 245
Citation 2 (Para 165)

…sis[10]. Moreover: [10] And see Australian Finance Direct Ltd v Director of Consumer Affairs Victoria [2006] VSCA 245 at [165]-[171] per Neave JA • the amounts of each of these loans were different; • the terms and conditions were also different: for example, while the Home Loan provides for specified payments on…
Bunbury Foods Pty Ltd v National Bank of Australasia Ltd [1984] HCA 10
Citation 3

…rectly state the amount of the debt; what is relevant is whether the debtor has been allowed a reasonable opportunity to meet the demand. [7] (1984) 153 CLR 491; see also cases cited at [19.9] of Fisher & Lightwood, Law of Mortgage 2nd ed 66 In my view Ms Chapman was given a reasonable opportunity through the service…
ANZ Banking Group Ltd v Smith [2009] VSC 556
Citation 4

…. 84 The decisions cited by Counsel also do not assist Ms Chapman: [14] [2008] VCAT 2396 [15] [2009] VSC 556 • the Deputy President in Whild v GE Mortgage Solutions Ltd[14] regarded the relevant loans as two separate and discrete transactions ([74]) even in circumstances where the attached conditions were the sam…
Brott v Shtrambrandt & Ors [2009] VSC 467
Citation 5 (Para 71)

…2009] QCA 85 at [31], with whom Mullins and Douglas JJ agreed; this passage is also cited by Beach J in Brott v Shrambrandt [2009] VSC 467 at [71]…
Linkenholt Pty Ltd v Quirk [2000] VSC 166
Citation 6 (Para 98)

…for in order to determine the purpose of the provision of the credit.”[18] [17] [2000] VSC 166 [18] Ibid at [98] 90 However, a close examination of that case reveals that His Honour was actually concentrating attention on what the credit was “used for” at the time of entry into the contract which was the “substit…
Dominicia Social Security Board v. Nature Island Investment Company Ltd & Anor (Dominica) [2008] UKPC 19
Citation 7 (Para 21)

…1] [1983] 1 Qd R 151 [22] [2008] UKPC 19 [23] Ibid at [21] • the decision of Munna Beach Apartments Pty Ltd v Kennedy[21] was concerned with an entirely different context, namely the meaning of the term “investment contract” in the Companies Act . Moreover, the contract of sale in that case did not contemplate an…

AI Chat coming soon