Non-English speakers

Perpetual Trustee Company v Azzi [2008] NSWSC 1008

The borrower immigrated from Lebanon in 1984. Her husband transferred the house into her name and she asserts he had her sign mortgage documents which she did not understand, did not read, and knew nothing about. The lender asserted her Contracts Review Act defence was hopeless and sought summary judgment. However Associate Justice Harrison held: …

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Across Australia Finance v Bassenger [2008] NSWSC 799

In this matter the Lender sought orders for judicial sale and the third party mortgagor sought to resist on the basis of non-service of s57(2)(b) notice. The court held where judicial sale is sought a s57(2)(b) notice is not needed. The mortgagor who had difficulty with English also raised a Contracts review Act / unconscionability …

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Spina v Conran Associates [2008] NSWSC 326

In this case the owner of the mortgaged property was a 91 year old Sicilian woman who lived in a nursing home and although a resident of Australia for 55 years could not speak, read or write English. The mortgage was executed under a power of attorney by her son and the money used for …

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J P Morgan Trust Australia v Siahos [2008] NSWSC 207

In this matter a 81 year old Greek man and his 71 year old Greek wife (both with limited English) granted a power of attorney to their son who used it to transfer a third of the family home to himself and then borrow from Interstar. When that loan defaulted the son then refinanced with …

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Buildx Constructions v Perpetual Trustee Company [2007] NSWSC 1282

This was an urgent application seeking to restrain a mortgagee auction brought on the very morning the property was due to be auctioned. The borrower (Buildx) was represented by its director Mr Maamari. The injuction was sought on the grounds that the property had been sold to Mr Maamari’s two 20 year old children who …

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Riz v Perpetual Trustee Australia [2007] NSWSC 1153

In this case Mr & Mrs Riz (the borrowers) sought to escape a mortgage to Perpetual (the lender) by filing a defence under the Contracts Review Act. Mr Riz gave evidence that he came to Australia from Lebanon in early 1977, his wife in 1981. That he can speak only basic English while his wife …

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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 …

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Ginelle Finance v Diakakis [2007] NSWSC 60

Mortgages were fraudulently registered over the land of the defendant in early 2001 and fraudulently refinanced in late 2001. The defendant discovered the existence of the mortgages and went to the police. The lender brought these proceedings and obtained summary judgement for possession on the basis of indefeasibility of title. The defendant brought cross-claims against …

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Mizzi v Reliance Financial Services [2007] NSWSC 37

The plaintiff (Mizzi) was a widowed pensioner of Maltese origin with very limited English and very limited IQ. She was asked by her grandson Stefan Martin Allan for a mortgage over her home. She duly mortgaged her home to clients of RL Kremnizer and when the mortgage went into default proceedings were brought for possession. …

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