NSW Caselaw
New South Wales Court of Appeal
CITATION : RISTIC v GREATER BUILDING SOCIETY LTD [2002] NSWCA 266 FILE NUMBER(S) : CA 41042/2001 HEARING DATE(S) : 25 June 2002 JUDGMENT DATE : 14 August 2002
PARTIES : LJUBISA RISTIC v GREATER BUILDING SOCIETY LTD JUDGMENT OF : Mason P at 1; Santow JA at 46; Campbell AJA at 47
LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT CLD 10306/2000 FILE NUMBER(S) : LOWER COURT Newman AJ JUDICIAL OFFICER :
COUNSEL : Appellant: R M Lovas Respondent: M Jones SOLICITORS : Appellant: Harvey Law Firm Respondent: Clayton Utz CATCHWORDS : CONTRACT - secured loan transaction - Contracts Review Act 1980 - interrelationship of loan agreement and mortgage - "default administration fee" covered indirect costs of default - lender's right to recover direct enforcement expenses unaffected - absence of mortgagor's right to have legal costs assessed not a badge of unjust contract where alternative mechanisms to control unreasonable expenses in place (ND) LEGISLATION CITED : Contracts Review Act 1980 DECISION : Appeal dismissed with costs.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41042/2001 CLD 10306/2000
MASON P SANTOW JA CAMPBELL AJA
Wednesday 14 August 2002
LJUBISA RISTIC v GREATER BUILDING SOCIETY LTD JUDGMENT
1 MASON P: The appellant is the registered proprietor of residential premises at Valentine. The property was unencumbered in 1997.
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