Kaji Australia Pty Ltd v Glover (No. 4)
Case
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[2019] NSWSC 1779
•17 December 2019
Details
AGLC
Case
Decision Date
Kaji Australia Pty Ltd v Glover (No. 4) [2019] NSWSC 1779
[2019] NSWSC 1779
17 December 2019
CaseChat Overview and Summary
Kaji Australia Pty Ltd sought possession of land and judgment for the amount owing under a loan agreement and mortgage from the Glovers. The Glovers had borrowed a short-term loan pending approval of long-term finance, but failed to repay the loan. The court was required to determine whether the Glovers' claims of unconscionability, unjust contract, misleading or deceptive conduct and fraud were valid. The Glovers argued that the loan agreement was unconscionable, that there was no effective exit strategy, that the contract was unjust, and that there was misleading or deceptive conduct and fraud by a third party. The court found no evidence to support the Glovers' claims. The Glovers were not entitled to relief on any of their claims. The court ordered the Glovers to bring in short minutes to quantify the sum owing.
Details
Key Legal Topics
Areas of Law
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Property Law
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Consumer Law
Legal Concepts
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Possession of Land
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Unconscionable Conduct
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Misleading or Deceptive Conduct
Actions
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Most Recent Citation
First Mortgage Managed Investments Limited v Dial-A-Blind (Australia) Pty Ltd [2024] NSWSC 92
Cases Citing This Decision
10
Muriniti v Mercia Financial Solutions Pty Ltd
[2021] NSWCA 180
Glover v Kaji Australia Pty Limited
[2020] NSWCA 222