Perpetual Trustees Victoria v Cipri [2008] NSWSC 1128

In this case the wife forged the husband’s signature. The lender was using an all monies mortgage however the mortgage was drafted so as to secure all monies owing by either of the mortgagors. Thus because the wife owed the money (she did sign the loan agreement) the whole of the land was charged with the whole of the debt. The husband tried to establish a “Personal Equity” defence however it seems that defence was and will continue to be restricted to the peculiar facts in Gospers case. The husband tried to raise a Contracts Review Act defence however Justice Hall rejected this citing with approval Dunford J in  Permanent Trustee Company Limited v Frazis [1999] NSWSC 319:

I fail to see how parties who deny that they entered into a contract can at the same time argue that such contract was unjust. The Contracts Review Act 1980 is an Act designed to review unfair contracts, not an Act to set aside relationships or obligations constituted by forged documents.

The husband was successful in his Cross-Claim for compensation from the Torrens Assurance Fund.

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