Resulting Trust

Elddin v Hamed [2015] NSWSC 654

A purchaser bought a bankrupt’s home, financed by a bank mortgage and also a loan from the bankrupt. The registered owner allowed the bankrupt to tenant the home for an agreed rental but when asked to leave, the bankrupt refused. The owner had neither possession nor rent for quite some time and was ready, willing …

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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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Xiao v Perpetual Trustees [2012] VSCA 85

A woman alleged that her signature had been forged on a mortgage and guarantee. She claimed that she was not aware of the loan and that she had been made a director and shareholder of the company without her knowledge. The woman had delayed proceedings for a myriad of reasons ranging from medical grounds, terminating …

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