Recent Cases

Horizon Hotels Pty Ltd v Australian Secured & Managed Mortgages Pty Ltd [2023] NSWCA 231 (28 September 2023) (Payne and Adamson JJA, Basten AJA)


CONTRACT – interpretation – entitlement to fees under an introducer mandate agreement – whether loan offer complied with interest rate requirement – offer contained “standard rate” and “concessional rate” – standard rate so described to avoid penalty – intention that standard rate be within prescribed range – fees not payable for non-compliant offer

ESTOPPEL – common assumption – fee entitlement crystallised only with offer of loan secured by unregistered second mortgage and caveat – claimant estopped from obtaining fees where offer non-compliant with fee assumption

REAL PROPERTY – caveats – equitable charges – where introducer mandate agreement and loan offer grant equitable charges over the land to secure the payment of fees – whether equitable charges extended to judgment debt