Knezevic v Perpetual Trustees Victoria Ltd & Anor [2013] NSWCA 199

Knezevic v Perpetual Trustees Victoria Ltd & Anor [2013] NSWCA 199

The appeal was dismissed because the appellant failed to establish that her losses were caused by misleading or deceptive conduct or that the relevant loan contracts were unjust. There was insufficient evidence that the appellant was unable to protect her own interests or that the lender’s conduct was indifferent, misleading, or unconscionable under the statutory criteria.

Jurisdiction
Australia
Judgment Date
02 July 2013
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
['misleading or Deceptive Conduct' 'unjust Contracts' 'loans and Mortgages' 'relief Under Contracts Review Act 1980']
['consumer Law' 'contract Law'] ['misleading or Deceptive Conduct' 'unjust Contracts' 'loans and Mortgages' 'relief Under Contracts Review Act 1980']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether appellant’s loss was caused by misleading or deceptive conduct of solicitor for lender' 'Whether alleged representations were made by solicitor’s certificate' 'Whether there was a sufficient and direct link between conduct of solicitor and appellant’s loss' "Whether loans (particularly the third loan) were 'unjust' under the Contracts Review Act 1980" "Whether appellant was unable to act in her own commercial interests or whether lender's conduct rendered contract unjust"]

Ratio Decidendi

The appeal was dismissed because the appellant failed to establish that her losses were caused by misleading or deceptive conduct or that the relevant loan contracts were unjust. There was insufficient evidence that the appellant was unable to protect her own interests or that the lender’s conduct was indifferent, misleading, or unconscionable under the statutory criteria.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.' "Appellant pay the first and second respondents' costs of the appeal."]