Undue influence

This case concerns the reversal of fortunes of the director/shareholder of the failed Gold Coast fund Equititrust. His mother gave a mortgage and guarantees to the bank in relation to the indebtedness of her son’s fund. The son’s fund failed to mee...
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This case concerns an appeal from a judgment of the Supreme Court (see CBA v Munro [2011] NSWSC 128) which granted the lender judgment for possession. The facts were that a wife, suffering from a mental disability and of lower than average intellect,...
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The majority of the funds were used to discharge a previous loan to the wife. The balance was paid to the husband. The wife made a Contracts Review Act defence claiming she was: On a disability pension; Suffering from a mental...
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Elderly parents mortgaged their home to secure their son’s borrowings. The mortgagee sued for possession upon the son’s default and the parents claimed undue influence and sought to have the loan and mortgage set aside under the Contracts Review Act...
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This was a claim by the lender for possession of the borrowers’ (a husband and wife) property that was secured by a mortgage, following their default in making repayments. The borrowers relied mainly on the defences of non est factum, undue influence,...
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The borrowers sought to set aside a mortgage taken over the family home in 1988. The lender sought to enforce the mortgage. The interest rate on the mortgage was 20% per annum. This was not unusual, at the time of the loan the interest-rate on Court...
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This was a unanimous decision of the Court of Appeal delivered by Young JA. It involved a Sri Lankan woman who claimed, through the medium of her husband, relief on the grounds of the undue influence of her husband under the Yerkey v Jones principle...
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This case involved a forged mortgage. The owner of the mortgaged property discovered that his defacto son-in-law had mortgaged his house to secure several hire-purchase agreements. The hire-purchase agreements were for trucks and trailers for the...
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In this case the bank officer who witnessed the documents did not give evidence claiming "she was too busy". The Court noted that bank could have subpoenaed her but did not and consequently drew a negative inference. The court determined that the...
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A son and his wife procured transfers of his mother’s properties for little or no consideration (the transfer noted consideration of $1). No solicitors were used for the transfers and the mother never received independent legal advice. At the time the...
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This was an application by the mortgagors to set aside default judgment and file a defence to the claim on the following grounds: undue influence and/or unconscionability, of which the lender had notice the “unjustness” of the mortgage under the...
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In this case a mortgage was given to finance the purchase of a block of flats from a 90 year old lady suffering from dementia. The 90 old lady did not receive any of the purchase proceeds and denied selling her property. A caveat was placed on the...
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In this case the borrower raised a defence under the Contracts Review Act and alternatively under the principle in Yerkey v Jones (Undue influence). The principle in Yerkey v Jones (1939) 63 CLR 649 applies where two circumstances exist firstly where...
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The plaintiff was an elderly pensioner (born in 1916) who owned a property in Randwick. In 2003 she transferred a 50% interest in her property to an acquaintance, Peter Bissell. He borrowed $660,000 from a lender, secured against his interest in the...
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A businesswoman (Mrs Pal) acquired property in joint names with a new friend (Mr Harbony) after her father's violent death.The Court held - on the facts here, no ground for equitable intervention. By her cross-claim Mrs Pal contended that the...
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