Jeans v Cleary [2006] NSWSC 647

Jeans v Cleary [2006] NSWSC 647

The plaintiff failed to prove, on the balance of probabilities, that the defendant forged his signature on the guarantee. The evidence, including handwriting expert analysis, oral and documentary evidence, and witness testimony, established that the disputed signature was written by the plaintiff. Alleged reliance and loss were not made out. Accordingly, the claim in deceit fails.

Parties
Plaintiff: John Anthony Jeans; Defendant: Stephen Thomas Cleary
Jurisdiction
Australia
Judgment Date
28 June 2006
Procedural Posture
Tort of Deceit (civil Claim) / Final Hearing and Judgment
Outcome
Verdict for the Defendant against the Plaintiff; Plaintiff's claim dismissed
Legal Topics
Forgery, Deceit, Reliance, Estoppel, Abuse of Process, Expert Evidence, Handwriting Analysis, Indemnity Costs
Tort Law Evidence Law Civil Procedure Forgery Deceit Reliance Estoppel Abuse of Process +3 more

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Parties

John Anthony Jeans

Plaintiff

Stephen Thomas Cleary

Defendant

Procedural Posture

Tort of Deceit (civil Claim) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the defendant forged the plaintiff's signature on a personal guarantee
  2. 2 Whether the plaintiff relied on an alleged representation of the defendant
  3. 3 Whether the plaintiff suffered loss as a result of the alleged forgery

Ratio Decidendi

The plaintiff failed to prove, on the balance of probabilities, that the defendant forged his signature on the guarantee. The evidence, including handwriting expert analysis, oral and documentary evidence, and witness testimony, established that the disputed signature was written by the plaintiff. Alleged reliance and loss were not made out. Accordingly, the claim in deceit fails.

Court Disposition

Verdict for the Defendant against the Plaintiff; Plaintiff's claim dismissed

Orders

  • Plaintiff to pay the Defendant's costs of the proceedings on an indemnity basis