Indefeasibility

Permanent Custodians v Yazgi [2007] NSWSC 279

In this case there was a mortgage and loan agreement provided by Permanent Custodian, signed by Mr and Mrs Yazgi as borrowers. The mortgage was registered. The Yazgis defaulted on payments. Mrs Yazgi claimed her husband had forged her signature on the mortgage and loan agreement and the court agreed. Nevertheless Associate Justice Harrison gave …

Permanent Custodians v Yazgi [2007] NSWSC 279 Read More »

Chandra v Perpetual Trustee Victoria [2006] NSWSC 1046

The owners of a property at Kingsford are presently seeking to have the full amount of the monies owed to the lender recovered from a solicitor. In April 2005 the solicitor received an email from a fraudster (claiming to be a friend of the property owners) asking for a new CT. The solicitor obtained a …

Chandra v Perpetual Trustee Victoria [2006] NSWSC 1046 Read More »

Koompahtoo Aboriginal Land Council v CKT [2006] NSWSC 862

These were proceedings brought by an Aboriginal Land Rights Council to escpae a mortgage. The council argued that the party that signed the mortgage lacked authority, the lender argued on the basis that authority existed and indefeasibility protected the mortgage in any event. The court found authority existed and so did not need to consider …

Koompahtoo Aboriginal Land Council v CKT [2006] NSWSC 862 Read More »

Circuit Finance v Wills [2006] NSWSC 35

This case involved a priority dispute over surplus proceeds after the first mortgagee had been paid out and the balance deposited with the court. Both Circuit Finance and the Wills obtained a charge over the land in question by virtue of charging clauses. These are clauses which “charge as security for the debt all land …

Circuit Finance v Wills [2006] NSWSC 35 Read More »

Chen v Song [2005] NSWSC 19

Upon the borrower’s default in making repayments Chen (the lender), claimed possession of properties secured by registered mortgages purportedly granted by the Songs (the borrower), as well as the balance due under the mortgages. The borrower alleged the signatures on the mortgages were forged so that there was no agreement, that if there was an …

Chen v Song [2005] NSWSC 19 Read More »

Perpetual Trustees Victoria v Tsai [2004] NSWSC 745

This was an appeal from Master Harrison who gave summary judgment for a lender (Perpetual) against a borrower (Tsai). The order was that the lender got possession of the subject premises and that the borrower was to pay the lender a sum of money in excess of $500,000. The statement of claim was filed on …

Perpetual Trustees Victoria v Tsai [2004] NSWSC 745 Read More »

Minister for Education & Training v Canham [2004] NSWSC 274

This case concerned some land at Mulwala. The Minister sought an order that an estate in fee simple in that parcel of land be retransferred to him from the current registered proprietor, the defendant. The proceedings arose because the plaintiff transferred that parcel of land to the defendant by mistake after an auction. The defendant …

Minister for Education & Training v Canham [2004] NSWSC 274 Read More »

Scroll to Top