I'ANSON V. GREENE 80/1937

I'ANSON V. GREENE 80/1937

The High Court found that the representations by the defendant regarding hurried sales and sales at less than cost were not satisfactorily established as fraudulent or material misrepresentations inducing the mortgage variation; there was insufficient proof that the plaintiff or his attorney relied upon such statements in agreeing to the mortgage reduction. Accordingly, the findings of fraud by the trial judge were set aside, and the suit for rescission failed.

Parties
Plaintiff: William Pomeroy Crawford Greene; Defendant: Leonard Nourse I'Anson
Jurisdiction
Australia
Judgment Date
23 November 1937
Procedural Posture
Appeal / High Court Appeal From Decree of Supreme Court
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Fraudulent Misrepresentation, Mortgage Variation, Rescission, Inducement, Mortgage Law, Fraud in Equity
Contract Property Equity Fraudulent Misrepresentation Mortgage Variation Rescission Inducement Mortgage Law +1 more

Case Brief

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Parties

William Pomeroy Crawford Greene

Plaintiff

Leonard Nourse I'Anson

Defendant

Procedural Posture

Appeal / High Court Appeal From Decree of Supreme Court

Legal Issues

  1. 1 Whether the instrument varying the mortgage should be rescinded for fraudulent misrepresentation by the defendant
  2. 2 Whether any misrepresentation found was material and relied upon by the plaintiff or his attorney
  3. 3 Whether the findings of the trial judge as to fraud and inducement should be upheld

Ratio Decidendi

The High Court found that the representations by the defendant regarding hurried sales and sales at less than cost were not satisfactorily established as fraudulent or material misrepresentations inducing the mortgage variation; there was insufficient proof that the plaintiff or his attorney relied upon such statements in agreeing to the mortgage reduction. Accordingly, the findings of fraud by the trial judge were set aside, and the suit for rescission failed.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • Decree of Supreme Court discharged.
  • Suit dismissed with costs.