Non-English speakers

  • ANZ v Fink [2015] NSWSC 506

    05 May 2015
    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...
  • Bendigo and Adelaide Bank v Stamatis [2014] NSWSC 1233

    15 September 2014
    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...
  • Jin v St George Bank [2013] NSWSC 291

    04 April 2013
    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....
  • Bank of Western Australia v Tannous [2012] NSWSC 559

    28 May 2012
    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...
  • Butler v Vavladelis [2012] VSC 186

    08 May 2012
    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...
  • Perpetual Trustee v Milanex [2011] NSWCA 367

    27 November 2011
    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...
  • Fast Fix Loans v Samardzic [2011] NSWCA 260

    01 September 2011
    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...
  • CBA v Usalj [2011] NSWSC 63

    16 February 2011
    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...
  • Adelaide Bank v Abdelkodous [2011] NSWSC 32

    06 February 2011
    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...
  • Fast Fix Loans v Mladenko Samardzic [2011] NSWSC 19

    03 February 2011
    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...


Brans Case Notes



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