Non est factum

Westpac v Kekatos [2015] NSWSC 1629

A husband and wife were accountants and the wife provided a mortgage over their home for its purchase and also for the purchase of their accountancy business premises. The wife refinanced the loans a number of times, the last refinance being provided by the bank, in addition to a loan to the wife as company …

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Ramsay Health Care v Compton [2015] NSWSC 163

A guarantor attempted to resile from his $10m guarantee by arguing that the signing pages did not pertain to the guarantee but were stand alone documents intended to signify assent to a different proposed guarantee under which he would not incur any personal liability. Alternatively, the guarantor pleaded non est factum (not my deed) on the basis …

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Ocvirk v Permanent Custodians [2013] NSWSC 1021

The parents allege the son and his wife forged their signatures on the mortgage. All monies mortgage The parents claim that the loan agreement is void and, because the mortgage secured amounts due under the loan agreement, the mortgage itself therefore secures nothing and it is liable to be set aside. This is the indefeasibility …

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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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BankWest v Campbell [2013] NSWSC 133

Summary judgment was given for the bank and one of the guarantors then sought to have it set aside on the basis that she had received no notice of the hearing. Her proposed amended defence claimed she had no intention to give a guarantee and a Contracts Review Act defence. The court did not believe …

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Provident Capital v Naumovski [2013] NSWSC 40

A husband and wife mortgaged their home for the benefit of their daughter and later refinanced these loans twice. The parents did not receive any of the loan monies and claimed they were the victims of their daughter’s fraud. The lender sued to enforce its mortgage and the borrowers brought a number of defences, including …

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Juric-Kacunic v Vaupotic [2013] NSWSC 41

A husband and wife advanced their friend’s son $300K for his panel beating business. The monies were in fact used in a get rich quick scam. When the lenders sued for the debt, the son raised multiple defences including that it was not his deed because of a lack of literacy and/or his education and …

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Capital Access Australia v Hraiki [2011] NSWSC 109

The funds were advanced to the nephew and used for his business. The borrowers claimed their signatures were forged by the nephew. However the nephew and the lender alleged that the borrowers had consented to the loan to the nephew. The mortgage was an all monies mortgage. Therefore, if the borrowers were not bound by …

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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 …

Adelaide Bank v Abdelkodous [2011] NSWSC 32 Read More »

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