Kaji Australia Pty Ltd v Glover (No. 4)

Case

[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

Areas of Law

  • Property Law

  • Consumer Law

Legal Concepts

  • Possession of Land

  • Unconscionable Conduct

  • Misleading or Deceptive Conduct