Fraud

  • Provident Capital (in liquidation) v French [2015] NSWSC 1827

    04 December 2015
    The borrower and lender agreed to settle proceedings and have consent judgment entered if the borrower did not obtain default judgment against his former business partner for breaching an alleged...
  • Donnelly v ANZ [2015] NSWCA 341

    04 November 2015
    The wife argued that the lower court’s judgment in favour of the bank granting the bank possession was procured by fraud, based upon newly discovered material facts. The alleged fraud was that the...
  • Pioneer Mortgage Services v Columbus Capital [2015] FCA 1067

    01 October 2015
    A securitisation funder bought a loan book associated with mortgages originally funded by a bank and became subject to the bank’s obligations in its origination deeds. The originator’s employee...
  • NAB v Swed [2015] NSWSC 1322

    18 September 2015
    The bank obtained default judgment and the borrower sought a stay of eviction. The stay was granted and the default judgment set aside. The bank then sought possession. The borrower admitted the...
  • Titles Strata Management v Nirta [2015] VSC 366

    29 July 2015
    The case has been the subject of an earlier case note, where it was held that the wife’s signature was forged and while the fraud could not be sheeted home to the lender, the covenant to pay in the...
  • Xiao v Perpetual Trustees Victoria [2015] VSCA 124

    27 May 2015
    A husband obtained finance by transferring his home to his wife and applying for the loan in his wife’s name, forging her signature. The trial judge found lender was unable to rely on its mortgage...
  • Smart v AAI [2015] NSWSC 392

    22 May 2015
    A mortgage broker misappropriated his client’s funds which they had agreed to on-lend but never did and was found liable for breach of contract and false and misleading conduct. The court’s finding...
  • Southage v Vescovi [2015] VSCA 117

    22 May 2015
    A husband forged his wife’s signature on a loan and mortgage for deposit monies to purchase their family home. The loan was secured by a second mortgage over the wife’s investment property. The wife...
  • Titles Strata Management v Nirta [2015] VSC 187

    15 May 2015
    A husband and wife mortgaged their pizza shop (registered) and home (unregistered) to secure a short term loan with interest at 8% per month (96% per annum) which they defaulted on. The lender...
  • Britroc Investments v PT [2015] NSWSC 524

    01 May 2015
    Last month, we reported on the sentencing appeal of the notorious mortgage fraudster Gabriel Werden . Werden advertised in the newspaper claiming to be a broker and brazenly asked his victims for...

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