A focus on protecting non-bank lender capital

In CPF Group v Everest Index International, the Supreme Court of New South Wales said no. Despite an admitted conflict of interest, the Court upheld a refinancing transaction, rejected claims of unconscionable conduct, and awarded possession in favour of the lender. For lenders, the decision reinforces the importance of a transaction’s purpose, documenting it adequately, and identifying a commercial benefit when putting refinance transactions together.

Lenders need to know whether they can enforce their security and recover their money if a loan defaults. Two recent NSW Supreme Court decisions show why that depends on both the documents and the circumstances in which the borrower and guarantors signed them.

Private lending has evolved significantly over the past decade. As the sector has grown, lenders have increasingly sought advisers who understand not only how transactions are structured, but also how those arrangements perform when circumstances change. With expertise in structuring and documentation to enforcement and recovery, Elisabeth’s career has evolved alongside an increasingly influential and maturing private lending sector.