Fraud

Perpetual Trustees Victoria v Cox [2014] NSWCA 328

The evidence, although inconclusive, strongly suggested that the broker forged a drawdown request sent to the lender’s solicitor. The money was transferred, as per the direction, to a bank account under the broker’s control. As the borrowers did not obtain the benefit of the loan, the bank was not granted possession. On appeal the bank …

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Perpetual Trustees Victoria v Cox [2014] NSWCA 328

The evidence, although inconclusive, strongly suggested that the broker forged a drawdown request sent to the lender’s solicitor. The money was transferred, as per the direction, to a bank account under the broker’s control. As the borrowers did not obtain the benefit of the loan, the bank was not granted possession. On appeal the bank …

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Taouk v Louis [2014] NSWSC 799

An elderly Lebanese couple with limited English claimed they were tricked into signing a loan and mortgage by their nephew and their signatures and loan withdrawals were all forgeries. The couple claimed that they had mistakenly understood they were guarantors for their nephew’s loan. The couple sought orders that the mortgage be set aside as …

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Permanent Custodians v Geagea [2014] NSWSC 562

A solicitor acted on the understanding that he represented two brothers on a loan, secured over a property registered in their names and that of a third brother, in their capacity as trustee for their parents. One brother was a fraudster. The other brother or someone purporting to be him authorised the solicitor to act …

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Maxton & Maxton v Port Village Accommodation [2014] WASC 93

A caveator sought an extension of its caveat which was opposed by the registered mortgagee. The caveator argued the fraud exception to indefeasibility. The caveator sought to infer dishonesty from the fact that the borrower knew of the existence of the charge, yet proceeded to grant the mortgage to secure a debt in excess of …

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Perpetual Trustees v Cox [2013] NSWSC 1583

A husband and wife borrowed monies refinance their mortgage and to have funds undrawn but set aside for future drawdown. However at settlement their broker sent through a direction requiring the funds to be paid into the broker’s account. When the husband and wife found out they tried to confront the broker. The husband showed …

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