Fraud

NAB v Zerafa [2013] NSWSC 1515

The bank called up the loan on the grounds that bank statements used to procure the loan had been doctored. The borrower’s defence alleged: The Business purposes declaration and guarantee were forgeries which he did not sign. The Bank statements in question were undoctored at the time they were handed to the bank’s lending manager. …

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Crouch and Lydon v IPG Finance Australia [2013] QCA 220

A solicitor encouraged two investors to go into the mortgage lending business. The solicitor promptly embezzled the principle funds on five fictitious loans and used money he embezzled from the firm’s trust account to pay the investor’s interest. The investors sued the partnership and the question on the appeal in this case was whether the …

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Ocvirk v Permanent Custodians [2013] NSWSC 1021

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 under the loan agreement, the mortgage itself therefore secures nothing and it is liable to be set aside. This is the indefeasibility …

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Conridge v Flammia [2013] NSWSC 498

The lender had brought proceedings against two solicitors arising out of a loan and mortgage transaction. The borrower had defaulted on the loan, but the lender had not been able to enforce the mortgages as they had been forged. He had been unsuccessful in proceedings against the third party mortgagor and had then brought proceedings …

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ING Bank v Srbotech [2013] NSWSC 361

A director failed to pay on his guarantee of his company’s debt and the bank sought possession of his property. The guarantor admitted the loan and guarantee but not either of the two variations, and claimed that he was thereby discharged from any liability and sought orders that the mortgage and guarantee be discharged. The guarantor also claimed that …

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Jin v St George Bank [2013] NSWSC 291

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. The guarantor was a Chinese/ Australian businessman unable to speak or read English without the assistance of a translator. The judge …

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Hunt & Hunt v Mitchell Morgan Nominees [2013] HCA 10

This is the appeal from the NSW Court of Appeal decision Mitchell Morgan Nominees v Vella [2011] NSWCA 390. This is the first High Court case on the proportionate liability legislation. A fraudster forged a loan and mortgage, falsely witnessed by his lawyer cousin. The lender’s solicitors, Hunt & Hunt prepared the advance and negligently drafted …

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