Non est factum

  • Westpac v Kekatos [2015] NSWSC 1629

    05 November 2015
    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...
  • Ramsay Health Care v Compton [2015] NSWSC 163

    05 March 2015
    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...
  • Ocvirk v Permanent Custodians [2013] NSWSC 1021

    26 July 2013
    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...
  • 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....
  • BankWest v Campbell [2013] NSWSC 133

    01 March 2013
    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...
  • Provident Capital v Naumovski [2013] NSWSC 40

    08 February 2013
    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...
  • Juric-Kacunic v Vaupotic [2013] NSWSC 41

    30 January 2013
    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...
  • Capital Access Australia v Hraiki [2011] NSWSC 109

    03 March 2011
    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...
  • Citigroup v Azar [2011] NSWSC 95

    01 March 2011
    The son was an accredited broker with the lender. The parents borrowed funds to refinance an existing loan and to give money to the son. The parents claimed they were elderly, on a pension and had...
  • 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...


Brans Case Notes



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