Caterjian v Parfit Investments Pty Ltd [2023] NSWCA 178

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Caterjian v Parfit Investments Pty Ltd [2023] NSWCA 178 Hearing dates: 24 March 2023 Date of orders: 04 August 2023 Decision date: 04 August 2023 Before: Meagher JA at [1]; White JA at [91]; Mitchelmore JA at [92] Decision: Appeal dismissed with costs. Catchwords: POSSESSION – Application for possession of land – where first appellant signed a loan agreement with first respondent to fund a company's application for appointment as area representative for psychologist franchising business – where loan was secured by guarantee of second appellant wife and mortgage over residential property – whether funds advanced in accordance with terms of loan agreement – whether guarantee discharged due to breach of loan agreement – whether respondents engaged in unconscionable conduct in procuring entry into loan – whether respondents knew or ought to have known franchising business insolvent – whether argument that first respondent had actual or constructive knowledge of first appellant's exercising undue influence over his wife in relation to signing of guarantee and mortgage was available on appeal Legislation Cited: Australian Consumer Law, ss 20, 21 Corporations Act 2001 (Cth), s 95A Cases Cited: Ankar Pty Ltd v National Westminster Finance (Australia) Ltd (1987) 162 CLR 549; [1987] HCA 15 Bank of New South Wales v Rogers (1941) 65 CLR 42; [1941] HCA 9 Chan v First Strategic Development Corporation Limited (in liq) [2015] QCA 28 Commercial Bank of Australia v Amadio (1983) 151 CLR 447; [1983] HCA 14 Garcia v National Australia Bank Ltd (1998) 194 CLR 395; [1998] HCA 48 Kowalczuk v Accom Finance Pty Ltd (2008) 77 NSWLR 205; [2008] NSWCA 343 Lewis v Doran [2005] NSWCA 243; (2005) 54 ACSR 410 Perpetual Trustee Company Limited v Khoshaba [2006] NSWCA 41; (2006) 14 BPR 26,639 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418; [1950] HCA 35 Treloar Constructions Pty Limited v McMillan [2017] NSWCA 72 Yerkey v Jones (1939) 63 CLR 649; [1939] HCA 3 Category: Principal judgment Parties: Aleiksajender Robert Caterjian (First Appellant) Minodora Sclavos-Caterjian (Second Appellant)