Perpetual Trustees Victoria Limited v Peter Van den Heuvel & Anor [2009] NSWSC 57

Perpetual Trustees Victoria Limited v Peter Van den Heuvel & Anor [2009] NSWSC 57

Registration of the mortgage conferred on the plaintiff an indefeasible interest over the whole of the property, securing the loan advanced to the first defendant, notwithstanding the forgery of the second defendant's signature. Relief under the Contracts Review Act and Consumer Credit Code are unavailable to the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 February 2009
Procedural Posture
Principal Judgment / Final Judgment After Hearing and Cross Claims
Outcome
Judgment for plaintiff for possession against second defendant; cross-claims dismissed in part; second defendant entitled to compensation from Torrens Assurance Fund
Legal Topics
['forged Mortgage' 'indefeasibility of Title' 'contracts Review Act' 'consumer Credit Code' 'compensation From Torrens Assurance Fund']
['mortgage Law' 'property Law' 'contract Law' 'consumer Credit'] ['forged Mortgage' 'indefeasibility of Title' 'contracts Review Act' 'consumer Credit Code' 'compensation From Torrens Assurance Fund']

Source-derived case record

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

Principal Judgment / Final Judgment After Hearing and Cross Claims

Legal Issues

  1. 1 ['Whether money was advanced pursuant to the mortgage and loan agreement' 'Whether s 57(2)(b) notice was served on the innocent party' 'Effect of registration of forged mortgage under Real Property Act' "Extent of mortgagee's interest in the property" 'Eligibility for relief under Contracts Review Act and Consumer Credit Code' 'Entitlement of innocent party to compensation for loss due to fraud']

Ratio Decidendi

Registration of the mortgage conferred on the plaintiff an indefeasible interest over the whole of the property, securing the loan advanced to the first defendant, notwithstanding the forgery of the second defendant's signature. Relief under the Contracts Review Act and Consumer Credit Code are unavailable to the second defendant as she was not a party to the contract. The second defendant is entitled to compensation from the Torrens Assurance Fund for loss caused by fraud under Real Property Act s 129.

Court Disposition

Judgment for plaintiff for possession against second defendant; cross-claims dismissed in part; second defendant entitled to compensation from Torrens Assurance Fund

Orders

  • ['Judgment for plaintiff against second defendant for possession of the land in Certificate of Title folio identifier 24/12658, 18 McIntosh Street Queanbeyan NSW.' 'A writ of possession to issue, not before 8 weeks from making final orders.' 'First cross-claim dismissed.' 'Second defendant/cross-claimant entitled to...