Glover v Kaji Australia Pty Limited [2020] NSWCA 222
Appellant's evidence and case, entirely circumstantial, fell well short of proving fraudulent conspiracy or knowledge of sham loan documents to the Briginshaw standard. Findings of primary judge were credit-based and not shown to be in error. Loss suffered by appellant was brought about by his own actions and Mr Lippits, not respondents.
- Jurisdiction
- Australia
- Judgment Date
- 22 September 2020
- Procedural Posture
- Appeal / Court of Appeal, Supreme Court of New South Wales
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- ['fraudulent Conspiracy' 'unconscionable Conduct' 'circumstantial Evidence' 'standard of Proof']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Court of Appeal, Supreme Court of New South Wales
Legal Issues
- 1 ['Whether the appellant proved the alleged fraudulent conspiracy involving multiple parties to procure the appellant to obtain a loan he could not repay' 'Whether the loan agreement and mortgage were unjust or unconscionable' 'Whether relevant parties were aware the St George Bank loan approval was a sham']
Ratio Decidendi
Appellant's evidence and case, entirely circumstantial, fell well short of proving fraudulent conspiracy or knowledge of sham loan documents to the Briginshaw standard. Findings of primary judge were credit-based and not shown to be in error. Loss suffered by appellant was brought about by his own actions and Mr Lippits, not respondents.
Court Disposition
Appeal dismissed with costs.
Orders
- ['Appeal dismissed with costs.' 'Existing stay on execution and issue of a writ of possession discharged.']
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