Permanent Custodians Limited v Hoey [2009] NSWSC 1073

New South Wales Supreme Court

CITATION : Permanent Custodians Limited v Hoey [2009] NSWSC 1073

HEARING DATE(S) : 6 October 2009

JUDGMENT DATE : 9 October 2009

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

(1) On the first cross-claim I order verdict for the cross-claimant against the third cross-defendent and judgment in the sum of $255,236.91. DECISION : (2) On the second cross-claim I make the orders set out in the Form of Order handed up by Mr Burke. (3) In the case of each cross-claim I order Mr Truong to pay the cross-claimants costs.

CATCHWORDS : MORTGAGES – registered proprietor of mortgaged property received less than half of funds advanced under loan secured by mortgage – mortgage originator forged loan documents at request of third party – claim by mortgagee against registered proprietor settled – registered proprietor and mortgagee seek judgment against mortgage originator pursuant to cross-claims

Australian Securities and Investment Commission Act 2001 (Cth) LEGISLATION CITED : Fair Trading Act 1987 Trade Practices Act 1974 (Cth)

CATEGORY : Principal judgment

Allianz Australia Insurance Ltd v GSF Australia Pty Ltd [2005] HCA 26; (2005) 221 CLR 568 March v Stramare [1991] HCA 12; (1991) 171 CLR 506 CASES CITED : Marks v GIO Australia Holdings Limited [1998] HCA 69; (1998) 196 CLR 494 Travel Compensation Fund v Tambree [2005] HCA 69; (2005) 224 CLR 627 Wardley Australia Limited v Western Australia [1992] HCA 55; (1992) 175 CLR 514

Permanent Custodians Limited (Plaintiff/Cross-Claimant on the Second Cross-Claim) PARTIES : Peter Harold Hoey (Defendant/Cross-Claimant on the First Cross-Claim) Johnny Truong trading as First Priority Home Loans (First Cross-Defendant to Second Cross-Claim/Third Cross-Defendant to First Cross-Claim)