Perpetual Trustees Victoria Ltd v Cox [2014] NSWCA 328

Perpetual Trustees Victoria Ltd v Cox [2014] NSWCA 328

The appeal was dismissed because the evidence did not establish that Mr Cox signed the direction authorising the disbursement of $253,500, the contract/mortgage did not extend to unauthorised disbursements, and the borrowers neither received the money nor ratified the forged drawdown, thus not being liable for repayment under the mortgage.

Parties
Appellant: Perpetual Trustees Victoria Ltd; 1st Respondent: Raymond Allan Cox; 2nd Respondent: Susan Jane Cox
Jurisdiction
Australia
Judgment Date
18 September 2014
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed; cross-appeal dismissed
Legal Topics
Forgery, Ratification, Findings of Fact, Mortgage Enforcement, Principal and Agent
Mortgages Property Law Civil Procedure Contract Law Forgery Ratification Findings of Fact Mortgage Enforcement +1 more

Case Brief

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Parties

Perpetual Trustees Victoria Ltd

Appellant

Raymond Allan Cox

1st Respondent

Susan Jane Cox

2nd Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the primary judge's findings of fact were open or glaringly improbable
  2. 2 Whether mortgage obligations extended to sums disbursed pursuant to a forged direction
  3. 3 Whether subsequent conduct amounted to ratification of a forged direction

Ratio Decidendi

The appeal was dismissed because the evidence did not establish that Mr Cox signed the direction authorising the disbursement of $253,500, the contract/mortgage did not extend to unauthorised disbursements, and the borrowers neither received the money nor ratified the forged drawdown, thus not being liable for repayment under the mortgage.

Court Disposition

Appeal dismissed; cross-appeal dismissed

Orders

  • Appeal dismissed.
  • Cross-appeal dismissed.