De van der Schueren v Perpetual Trustee [2012] VSCA 86

The borrower sought to set aside default judgment. The defence she wished to raise was that the loan agreement had not been signed by the lender and that, accordingly, there was no contract. The Court of Appeal was scathing:

It is indisputable that the applicant signed the loan document which reads as an offer to accept a loan on the terms therein contained and that, although provision is made for a written acceptance by the lender to be endorsed on the document and none was so endorsed, the money was advanced on the faith of her written offer.

The Appeal Court held the borrower had no arguable case, no proper reason for not attending trial, and noted that the lender was facing a shortfall. The court refused leave.

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