Cheque directions

  • Perpetual Trustees v Cox [2013] NSWSC 1583

    30 October 2013
    A husband and wife borrowed monies refinance their mortgage and to have funds undrawn but set aside for future drawdown. However at settlement their broker sent through a direction requiring the...
  • Perpetual Trustees v Belcastro [2013] NSWSC 1189

    29 August 2013
    A husband and wife borrowed against their home for their business and defaulted. The wife's defence was that the monies lent were paid to the business without her authority because she did not...
  • CBA v Hamilton [2012] NSWSC 242

    13 March 2012
    This case involved sham contracts for inflated values designed to dupe the Commonwealth Bank. The wife’s signature was forged on the mortgage and loan. The court held that indefeasibility of the...
  • HSBC Bank Australia v Chang [2009] NSWSC 69

    19 February 2009
    In this case the mortgage secures a line of credit of $800,000. The loan has been fully drawn. The borrower alleges and the lender concedes that $578,000 was advanced pursuant to forged cheques. The...
  • Perpetual v Costa [2007] NSWSC 1093

    01 October 2007
    In this case the lender relied upon a cheque direction signed by the originator, Streetwise Home and Equity Loans (run by fraudster Kovelan Bangaru), to pay the surplus proceeds of the loan to a...


Brans Case Notes



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