NSW Caselaw
New South Wales Supreme Court
CITATION : J P Morgan Trust Australia Limited v Siahos [2008] NSWSC 207
HEARING DATE(S) : 25, 26 and 29 February 2008
JUDGMENT DATE : 13 March 2008
JUDGMENT OF : Harrison J
DECISION : Order that the defendants give possession of the land contained in Certificate of Title folio identifier 301/11471 known as and situate at 138 Charles Street, Putney to the plaintiff
CATCHWORDS : MORTGAGE - application for possession by mortgagee - mortgagors elderly with limited English - whether capable of understanding transaction - Contracts Review Act 1980 - whether contract unjust - undue influence - unconscionable bargain - Powers of Attorney Act 2003 - security document executed by co-owner pursuant to powers of attorney granted by other co-owners - whether valid or procured by fraud - unjust enrichment - restitution - order for possession granted
LEGISLATION CITED : Contracts Review Act 1980 Powers of Attorney Act 2003
CATEGORY : Principal judgment
CASES CITED : Israel v Foreshore Properties Pty Limited (in liq) (1980) 54 ALJR 421
J P Morgan Trust Australia Limited (Plaintiff) PARTIES : Peter Siahos (First defendant) Prokopios Siahos (Second defendant) Chrisoula Siahos (Third defendant)
FILE NUMBER(S) : SC 12244 of 2006
COUNSEL : P T Newton (Plaintiff) J A Jobson (Second and third defendants)
SOLICITORS : Kemp Strang (Plaintiff) Andresakis & Associates (Second and third defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION POSSESSION LIST
HARRISON J
13 March 2008
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