In Cameron v Arcobaleno Pty Ltd [2024] QSC 111, heard in the Supreme Court of Queensland before Justice Cooper, the court dismissed the applicant Jill Alexia Cameron's amended originating application. This case involved the mortgaged property at 337 Teewah Beach Road, Noosa North Shore, which was co-owned by the applicant and the second respondents, Michael Calile Malouf and Heidi Belinda Middleton, among others. The dispute centred on whether the mortgage secured any debt, especially considering the original facilities that allegedly assigned rights to the first respondent, Arcobaleno Pty Ltd.
The court concluded that contrary to the applicant’s contentions, the mortgage did secure a debt owed under the original overdraft facility assigned to Arcobaleno Pty Ltd. The court also found that the applicant’s argument regarding the expiry of the limitation period for the mortgage's enforceability was insufficient since there were acknowledgments extending that period. Consequently, the court ordered that the applicant pay the respondents’ costs.