Foundas v Arambatzis (No 3) [2023] NSWSC 1513

Foundas v Arambatzis (No 3) [2023] NSWSC 1513

The plaintiff’s application to set aside the 2018 judgment and orders is dismissed because the evidence is not 'fresh', and the Deed of Acknowledgement relied upon by the plaintiff was forged; the plaintiff failed to produce an original, expert evidence supports the deed is a composite document made by copying signatures from other sources, and the sister did not raise or refer to the deed for years despite many opportunities.

Parties
Plaintiff: Cassini Foundas; First Defendant: Peter Arambatzis; Second Defendant: Sean Wengel; Third Defendant: Robert Whitton
Jurisdiction
Australia
Judgment Date
06 December 2023
Procedural Posture
Equity Real Property / Judgment on Application to Set Aside Earlier Orders for Possession and Distribution of Proceeds
Outcome
Summons dismissed with costs
Legal Topics
Setting Aside Judgment for Fraud, Trusts for Sale of Land, Forgery of Documents
Civil Procedure Equity Real Property Setting Aside Judgment for Fraud Trusts for Sale of Land Forgery of Documents

Case Brief

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Parties

Cassini Foundas

Plaintiff

Peter Arambatzis

First Defendant

Sean Wengel

Second Defendant

Robert Whitton

Third Defendant

Procedural Posture

Equity Real Property / Judgment on Application to Set Aside Earlier Orders for Possession and Distribution of Proceeds

Legal Issues

  1. 1 Whether judgment and orders made in 2018 should be set aside on the ground of fraud
  2. 2 Whether the Deed of Acknowledgement was executed by the first defendant or was a forgery

Ratio Decidendi

The plaintiff’s application to set aside the 2018 judgment and orders is dismissed because the evidence is not 'fresh', and the Deed of Acknowledgement relied upon by the plaintiff was forged; the plaintiff failed to produce an original, expert evidence supports the deed is a composite document made by copying signatures from other sources, and the sister did not raise or refer to the deed for years despite many opportunities.

Court Disposition

Summons dismissed with costs

Orders

  • Dismiss Prayers 1 to 7 of the Summons
  • Plaintiff to pay the defendants' costs of the proceedings