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John Buhagiar

Senior Associate

Recovery

Areas of focus

Services

Mortgage Recovery

Commercial Litigation

Unsecured Debt Recovery

Insolvency

Secured Property Recovery

Securities

John has been with Summer Lawyers since 2019 and brings more than 10 years’ industry experience to complex recovery and litigation matters.

Known for his pragmatic judgment and ability to cut through complexity, he advises lenders on commercial disputes, secured and unsecured debt recovery, property enforcement, priority disputes and insolvency.

John regularly conducts litigation across Australian jurisdictions, acting both directly and with counsel. His experience includes urgent injunctions, search and freezing orders, possession proceedings, judicial sales and priority disputes. He also acts for lenders against claims of misleading or deceptive conduct and unconscionable conduct.

Recognised for his growing leadership within the firm, John combines disciplined analysis with practical problem-solving. He identifies the central commercial issue, sets a clear strategy and prioritises maintaing control as matters progress towards resolution.

John recently contributed to a successful mortgage enforcement judgment exceeding $100 million, where the borrower alleged the mortgages were fraudulent.

Key cases/experience – representative matters 

Receiver’s Possession and Trespass Injunction

A company director trespassed on land controlled by an appointed receiver and manager, with a risk of further interference. The Court granted orders restraining the director from returning to the property.


$100M+ Mortgage Fraud and Enforcement Proceedings

A security provider denied signing or knowing about mortgages securing more than $100 million. The Court upheld the mortgagee’s position and entered judgment exceeding $100 million.


Mortgage, Receivership and Shareholder Dispute

A dispute arose between a mortgagee and mortgagor who were also business partners, including a challenge to the validity of the receiver’s appointment. The matter settled through an agreed exchange of property and share interests.

Admissions

Admitted, Supreme Court of NSW, 2021

Memberships / Associations / Affiliations

Law Society of NSW

Sydney

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John Buhagiar

Related Insights

Case Notes

When a Conflict Isn’t Enough: Refinancing, Borrower Vulnerability and the Limits of Unconscionability
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.
Blake Palmer
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Legal Insights

Mortgage Enforcement Lessons from Patel and Confos
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.
Paul Reese
An image of coastline and housing

Firm Updates

Informed Practice – Elisabeth McGready joins Recovery Team
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.
Summer Lawyers
Elisabeth McGready, Partner
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