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Commonwealth Bank of Australia v Love

Commonwealth Bank of Australia v Love

Case [2015] VCC 1653

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AGLC: Commonwealth Bank of Australia v Love [2015] VCC 1653
Case: [2015] VCC 1653
Decision Date: 27 November 2015

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Commonwealth Bank of Australia v Love [2015] VCC 1653

Most Recent Citation

Hill v Love and Another [2018] VSC 29

Cases Citing This Decision

Hill v Love [2018] VSC 29
Citation 1 (Para 1)

…e late Thomas James Love ( Love ) and mortgaged to the Commonwealth Bank of Australia ( CBA ).[1] [1]See Commonwealth Bank of Australia v Love & Anor [2015] VCC 1653 at [7]-[19] (CB657); Love Affidavit [4]-[11] (CB84-85). For convenience I have retained all relevant references to the Court Book.…

Cases Cited

Statutory Material Cited

Love v Roads Corporation [2011] VSCA 434
Citation 1 (Para 23)

…e’s claim (of $16,267,000).[4]Mr Love appealed this decision.[5] [4] Roads Corporation v Love [2010] VSC 32 at para 16 [5] Love v Roads Corporation [2011] VSCA 434.…
MBF Investments Pty Ltd v Nolan [2011] VSCA 114
Citation 2

…also accepted that the principles summarised by the Court of Appeal in MBF Investments Pty Ltd v Nolan ( Nolan ) are applicable as follows: [24] [24] (2011) 37 VR 116 at para 100. (a) a mortgagee is not a trustee of the power of sale, which is given to the mortgagee to enable the realisation of the security interes…
Australian Building & Technical Solutions Pty Ltd v Boumelhem [2009] NSWSC 460
Citation 3

…t. Not far different to bankruptcy effect. Instead of being invested in the trustee, the bank sells it. So the land is alienated.”[18] [17] [2009] NSWSC 460 as referred to in Director of Public Prosecutions v Ali (No 2) [2010] VSC 503 at para 86. [18] Trial Transcript, 30 October 2015, page 834. 161.However, even i…
Investec Bank (Australia) Limited v Glodale Pty Ltd [2009] VSCA 113
Citation 4

…idence a breach of duty.[61] [61] MBF Investments Pty Ltd v Nolan [2011] VSCA 114 at paras 65 and 84; Investec Bank (Australia) Ltd v Glodale (2009) 24 VR 617 at para 46; Tyler, Young and Croft, Fisher & Lightwood’s Law of Mortgage (2005 2 nd Australian ed.), page 502. 347.This is sufficient to dispose of this complain…
Investec Bank (Australia) Ltd v Glodale Pty Ltd [2009] VSCA 97
Citation 5

…h of duty.[61] [61] MBF Investments Pty Ltd v Nolan [2011] VSCA 114 at paras 65 and 84; Investec Bank (Australia) Ltd v Glodale (2009) 24 VR 617 at para 46; Tyler, Young and Croft, Fisher & Lightwood’s Law of Mortgage (2005 2 nd Australian ed.), page 502. 347.This is sufficient to dispose of this complaint (which w…
Fleetman Pty Ltd v Cairns Pty Ltd [2005] FCAFC 80
Citation 6

…agent appears to have released the Breese Pitt Dixon plans which were prepared in consultation with Golder. [47] Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 at page 32. 230.Overall, I therefore do not consider that it was a realistic option for the bank to effectively keep the Golder reports “to themselves.” 231.…
Boland v Yates Property Corporation Pty Ltd [1999] HCA 64
Citation 7

…e”[62] and, as Mr Murray said, the “market was the market.” [62] Boland v Yates Property Corp Pty Ltd (1999) 167 ALR 575 at para 277; See also Dimmick v Pearce Investments Pty Ltd (1980) 43 FLR 235 at page 241. 355.The following factors also suggest that, ultimately, the sale was for a market price: · Although he gav…
Baumgartner v Baumgartner [1987] HCA 59
Citation 8

…o the principles in Baumgartner v Baumgartner [10] (the Baumgartner principles). No other basis was asserted or pleaded.[11] [10] (1987) 164 CLR 137. [11] Trial Transcript, 29 October 2015, page 784. 135.In her pleading, Mrs Love gave the following particulars of these contributions:[12] [12] Amended Defence and Furt…
Muschinski v Dodds [1985] HCA 78
Citation 9

…at the constructive trust arose in accordance with the principles in Muschinski v Dodds [13] and Baumgartner v Baumgartner. [14] [13] (1985) 160 CLR 583. [14] (1987) 164 CLR 137. 157.In Mushinski v Dodds , Deane J stated that principle as follows:[15] [15] Muschinski v Dodds (1985) 160 CLR 583 at page 620. “….the pri…
Commercial and General Acceptance Ltd v Nixon [1981] HCA 70
Citation 10

…ife Assurance Society Limited[41] and Commercial & General Acceptance Ltd v Nixon [42]). [41] (1912) 13 CLR 676. [42] (1981) 152 CLR 491.…
Pendlebury v Colonial Mutual Life Assurance Society Ltd [1912] HCA 9
Citation 11

…v The Colonial Mutual Life Assurance Society Limited[41] and Commercial & General Acceptance Ltd v Nixon [42]). [41] (1912) 13 CLR 676. [42] (1981) 152 CLR 491.…
Lam v Ausintel Investments Australia Pty Limited [1990] HCATrans 63
Citation 12

…as under no positive legal obligation to obtain the Golder reports, nor necessarily to disclose them.[46] [46] Lam v Ausintel Investments Pty Ltd (1990) 97 FLR 458 at page 475. 227.However, the CBA was advised (twice) by its agents that it was necessary to obtain the Golder report. Moreover, that potential purchaser…
Love v Thwaites & Anor (No 5) [2012] VSC 636
Citation 13

…· to the State of Victoria of $1.65 million; · to McCluskys (his former solicitors) of $3.575 million.[8] [8] Love v Thwaites & Anor (No 5) [2012] VSC 636 at para [13].…
Roads Corporation v Love [2010] VSC 537
Citation 14 (Para 8)

…the compensation proceeding, awarding Mr Love total compensation of $2,822,042.32 before any adverse costs order.[7] [7] See Roads Corporation v Love [2010] VSC 537.…
Director of Public Prosecutions v Ali (No 2) [2010] VSC 503
Citation 15

…ip to be removed has also been applied in other cases.[16] [16] NAB v Maher [1995] 1 VR 318 at page 326; Director of Public Prosecutions v Ali (No 2) [2010] VSC 503 at para 85. 159.Given, then that the joint relationship in this case is marriage and, further, that the marriage continues, there is no room for the…
Roads Corporation v Love [2010] VSC 32
Citation 16 (Para 23)

…On 23 February Osborn J awarded $444,344.92 on Mr Love’s claim (of $16,267,000).[4]Mr Love appealed this decision.[5] [4] Roads Corporation v Love [2010] VSC 32 at para 16 [5] Love v Roads Corporation [2011] VSCA 434.…

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