Non-English speakers

ANZ v Fink [2015] NSWSC 506

This case involved a businessman’s dream home that went pear-shaped due to cost overruns. When the bank sought possession the borrower sought to blame the bank. Improvidence / Non-English speaking The borrower argued the bank should never have made the loan as it was improvident and they were vulnerable people:  There was no reason for …

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Bendigo and Adelaide Bank v Stamatis [2014] NSWSC 1233

A son borrowed money secured by his parents’ house by a mixture of forging their signatures and telling them it was to refinance their mortgage. In fact, they were increasing their loan from $40k to $440k. In addition, the parents were Greek, had limited English and Several months after settlement, the loan was split into …

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Jin v St George Bank [2013] NSWSC 291

The guarantor brought a claim against the bank to have the mortgage and guarantee set aside on the grounds that they were forgeries and/ or alternatively on the grounds of the Contracts Review Act. The guarantor was a Chinese/ Australian businessman unable to speak or read English without the assistance of a translator. The judge …

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Bank of Western Australia v Tannous [2012] NSWSC 559

A son allegedly forged his mother’s signature on mortgage given to Firstfolio. The Firstfolio mortgage was subsequently refinanced by a mortgage given to Bankwest. This time the mother’s signature was allegedly forged by the father. Bankwest claimed possession. The mother defended on the grounds of fraud and unjustness under the Contracts Review Act. Her circumstances …

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Butler v Vavladelis [2012] VSC 186

The lender obtained orders for possession of the house of elderly Greek pensioners. They now apply to have the judgment set aside on the basis that their signature on the mortgage was a forgery by their daughter. Failure to appear and delay issues The court found that the failure of the parents to file an …

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Perpetual Trustee v Milanex [2011] NSWCA 367

A 74 year old man pensioner who spoke little English was hoodwinked into signing a mortgage. The money went to the fraudster and the court set aside the mortgage under the Contracts Review Act. The lender sued the mortgage broker alleging that the broker had verified the borrower’s identity and that the borrower was a …

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Fast Fix Loans v Samardzic [2011] NSWCA 260

This was a decision of the Court of Appeal damnifying a lender who had loaned money on a mortgage given by elderly non-English speakers for the benefit of their property developer son. The Court of Appeal affirmed the decision of the trial judge in a unanimous judgement. The only novel aspect of the transaction was …

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CBA v Usalj [2011] NSWSC 63

At the hearing of this matter the guarantors sought an adjournment as they had not yet served their evidence. The adjournment was denied, the guarantors did not participate in the hearing, and the bank obtained judgment. Four of the guarantors (the father, mother, sister and wife of the borrower) sought to have the judgment set …

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Adelaide Bank v Abdelkodous [2011] NSWSC 32

The loan was secured by the parents’ property. The bulk of the funds were paid directly to the son. The bank obtained default judgment and the parents sought to set it aside claiming that the son forged their signatures on and that the father was not even in the country at the time. A draft …

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Fast Fix Loans v Mladenko Samardzic [2011] NSWSC 19

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 1980. Contracts Review Act claim The court did not believe the son. It made the …

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