Credit Connect v Carney Credit Connect v Smit [2010] NSWSC 910

Given complexities about the scope of statutory relief for forged mortgages, unresolved questions about the operation of the Code and ASIC Act, and sufficient arguable case regarding unconscionable conduct and personal equity, this matter is not suitable for summary determination. Notice of motion for summary judgment by Credit Connect is dismissed with costs.

Jurisdiction: Australia
Judgment Date: 16 August 2010
Procedural Posture: Civil / Summary Judgment Application
Outcome: notice of motion dismissed
Legal Topics: ['summary Judgment' 'forged Mortgage' 'torrens Title System' 'unconscionability' 'consumer Credit Code' 'asic Act' 'agency and Fraud Attribution']

['equity' 'property Law' 'banking and Finance Law'] ['summary Judgment' 'forged Mortgage' 'torrens Title System' 'unconscionability' 'consumer Credit Code' 'asic Act' 'agency and Fraud Attribution']

Case Brief

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Procedural Posture

Civil / Summary Judgment Application

Legal Issues

1 ['Whether the forged mortgage can be enforced under the Torrens system' 'Whether the Consumer Credit (New South Wales) Act 1995 applies to a forged mortgage' 'Whether the ASIC Act can provide relief due to unconscionable conduct' "Liability for agent's fraud under Real Property Act" 'Existence of a personal equity to set aside a forged mortgage']

Ratio Decidendi

Court Disposition

notice of motion dismissed

Orders

['Notice of motion filed 9 December 2009 by Credit Connect Pty Limited in matter 2009/00291732 dismissed with costs']