In this matter the wife’s signature was forged by the husband. The lender, represented by Gadens Lawyers, brought an application for summary judgement on the grounds its title was indefeasible regardless of the forgery. Associate Justice Malpass refused the application noting that the plaintiff’s prosecution of the matter had been “leisurely” and in any event there was an all monies argument which would be best run at trial.
Bransgroves Lawyers continually warns lenders not to use all monies mortgages. Despite the raft of recent cases:
- Small v Tomasetti  NSWSC 1112
- Perpetual Trustees Victoria Ltd v Tsai  NSWSC 745
- Permanent Custodians v Yazgi  NSWSC 279
- Printy v Provident Capital Limited  NSWSC 287
- Chandra v Perpetual Trustees Victoria Ltd  NSWSC 694
- Perpetual Limited v Costa  NSWSC 1093
- Queensland Premier Mines Pty Ltd v French  HCA 53
- Perpetual Trustees Victoria Limited v Ford  NSWSC 29
- Perpetual Trustees Victoria Ltd v Van den Heuvel  NSWSC 350
- Vella v Permanent Mortgages P/L  NSWSC 505
- Provident Capital Ltd v Printy  NSWCA 131
- Perpetual Trustees Australia v Richards  NSWSC 658
lenders continue to ignore the peril of using all monies mortgages. Matthew Bransgroves has been warning lenders since 17 November 2003 (in a College of Law paper on Indefeasibility of Mortgages) not to use all monies mortgages.