GRGIC v AUSTRALIA & NEW ZEALAND BANKING GROUP LTD [1993] NSWCA 124

GRGIC v AUSTRALIA & NEW ZEALAND BANKING GROUP LTD SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA 8 March 1993

[1993] NSWCA 124

Priestley JA. The matter of Frano Grgic v Australia & New Zealand Banking Group Ltd has come before the court again today after previous occasions when the facts of the matter were recorded in a general way, particularly by Mahoney JA in short reasons which he gave in October last and again on 15 February this year. The situation boils down to one where the bank obtained judgment against a mortgagor in respect of moneys secured by the mortgage to the mortgage bank. At a trial before Lusher J the mortgagor claimed that his signature to the mortgage, and I gather some other document or documents, had been forged. This contention was rejected by Lusher J. It appears to have been one of the main issues at the trial.

The mortgagor has appealed and proposes to seek the court's leave to rely on further evidence at the hearing of the appeal beyond what was given at the trial. This evidence will, at least in part, it is said, be given by persons who will say that they took part in or knew of the forging of the mortgagor's signature and the deception of the bank into thinking that a particular person, not the mortgagor, was in fact the mortgagor.

Proceedings against the mortgagor's son, and relating to the alleged forgery, have been taken. He has pleaded guilty and is to be sentenced or hissentence rather is listed for 19 March. The daughter-in-law of the mortgagor will be before the court on charges associated with this matter on 24 March. A third person was charged in August 1992 and may be further charged with matters related to the alleged forgery.

While these matters are outstanding, it seems difficult to fix a date for the hearing of the appeal. Reasons mentioned in the past have been the possibility of persons pleading or claiming privilege from self incrimination in evidence before this court.