Indefeasibility

Bay Bon Investments v Sultana [2015] NSWSC 1797

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 issue was whether the lender was entitled to possession of the husband’s interest in the land. The court restated the principles relevant to …

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Titles Strata Management v Nirta [2015] VSC 366

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 loan was not incorporated into the mortgage and so the mortgage secured nothing. The matter before …

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Xiao v Perpetual Trustees Victoria [2015] VSCA 124

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 (as it was a forgery) but found that the home was held on trust for the husband and ordered its …

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Perpetual Trustees v Xiao [2015] VSC 21

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 default and the lender claimed possession. The court found that the wife was a pawn in her husband’s …

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Simmons v New South Wales Trustee and Guardian [2014] NSWCA 405

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 son as joint tenants but the registration was later reversed because it did not take …

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Arambasic v Veza (No 5) [2014] NSWSC 1399

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 the payment plan. The dentist frustrated a sale of the property by the receptionist that would have allowed the dentist to be …

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Perpetual Trustees Victoria v Cox [2014] NSWCA 328

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 under the broker’s control. As the borrowers did not obtain the benefit of the loan, the bank was not granted possession. On appeal the bank …

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Perpetual Trustees Victoria v Cox [2014] NSWCA 328

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 under the broker’s control. As the borrowers did not obtain the benefit of the loan, the bank was not granted possession. On appeal the bank …

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