Undue Influence

Satchithanantham v NAB [2009] NSWCA 268

This was a unanimous decision of the Court of Appeal delivered by Young JA. It involved a Sri Lankan woman who claimed, through the medium of her husband, relief on the grounds of the undue influence of her husband under the Yerkey v Jones principle and Contracts Review Act. In relation to the husband’s involvement …

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Australian Regional Credit v Mula [2009] NSWSC 325

This case involved a forged mortgage. The owner of the mortgaged property discovered that his defacto son-in-law had mortgaged his house to secure several hire-purchase agreements. The hire-purchase agreements were for trucks and trailers for the defacto-son-in-law’s prime mover business. Claim by the lender for possession of the land The million dollar question was whether …

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NAB v Satchithanantham [2009] NSWSC 21

In this case the bank officer who witnessed the documents did not give evidence claiming “she was too busy”. The Court noted that bank could have subpoenaed her but did not and consequently drew a negative inference. The court determined that the borrower believed she was borrowing $400,000 not the actual amount of $680,000. The …

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Farrell v Stephenson [2008] NSWSC 1350

A son and his wife procured transfers of his mother’s properties for little or no consideration (the transfer noted consideration of $1). No solicitors were used for the transfers and the mother never received independent legal advice. At the time the mother was elderly, suffering the early stages of Alzheimer’s Dementia, was easily manipulated and …

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Permanent Custodians v Barton [2008] NSWSC 1355

This was an application by the mortgagors to set aside default judgment and file a defence to the claim on the following grounds: undue influence and/or unconscionability, of which the lender had notice the “unjustness” of the mortgage under the Contracts Review Act 1980 The mortgagors guaranteed a loan for $220,000 on the promise from …

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Cash King v Satchithanantham [2006] NSWSC 1303

In this case the borrower raised a defence under the Contracts Review Act and alternatively under the principle in Yerkey v Jones (Undue influence). The principle in Yerkey v Jones (1939) 63 CLR 649 applies where two circumstances exist firstly where there is undue influence by a husband over a wife and second where there …

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