Indefeasibility

  • Bay Bon Investments v Sultana [2015] NSWSC 1797

    03 December 2015
    A wife allegedly forged her husband’s signature on a mortgage which was registered. The forgery was unknown to the lender. The husband and wife defaulted and the lender sued for possession. The...
  • 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...
  • Perpetual Trustees v Xiao [2015] VSC 21

    04 February 2015
    A husband wanted to purchase a restaurant but had a bad credit rating so he transferred his home to his wife and then forged her signature on the mortgage to finance his purchase. The loan went into...
  • Simmons v New South Wales Trustee and Guardian [2014] NSWCA 405

    01 December 2014
    A mother agreed to transfer a farm to herself and one son as joint tenants on the basis that he would manage the farm and care for her. The mother transferred title to the farm into her name and her...
  • Arambasic v Veza (No 5) [2014] NSWSC 1399

    14 October 2014
    This judgment on the quantum of damages and debt followed a judgment relating to a dispute between a dentist who sold her property under a payment plan to her receptionist, who subsequently breached...
  • Perpetual Trustees Victoria v Cox [2014] NSWCA 328

    07 September 2014
    The evidence, although inconclusive, strongly suggested that the broker forged a drawdown request sent to the lender’s solicitor. The money was transferred, as per the direction, to a bank account...
  • Arambasic v Veza (No 4) NSWSC 1109

    17 August 2014
    A dentist owned a property in Lightning Ridge. Her receptionist entered into a payment plan to purchase the property in instalments. The dentist did not transfer title in the property, but allowed...
  • Todd v Jingalong [2014] NSWSC 362

    30 March 2014
    The owner of land agreed to sell his land to a developer on the basis that one of the lots would be re-conveyed to him. The developer entered into a joint venture with someone else on this basis and...

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