NSW Caselaw
New South Wales Supreme Court
CITATION : Charter Finance v M Abou-Antoun & Ors [2009] NSWSC 247
HEARING DATE(S) : 16/03/09-18/03/09 23/03/09
JUDGMENT DATE : 14 April 2009
JURISDICTION : Common Law Division
JUDGMENT OF : Kirby J
DECISION : (1) Judgment for Charter Finance against John Abou-Antoun in the sum of $863,882.89. (2) The third defendant should pay half the plaintiff's costs.
CATCHWORDS : CIVIL LAW - mortgage - fraud by broker - loan documents not signed - whether broker signed as agent for borrower - no liability under loan contract - RESTITUTION - mistake: restitution arising from a plaintiff's mistaken actions - recovery of money paid under mistaken belief that loan documents were signed - EVIDENCE - standard of proof in civil case - weight and sufficiency of evidence - inference from circumstantial evidence - inference from failure to give evidence.
LEGISLATION CITED : Evidence Act 1995
CATEGORY : Principal judgment
Fox v Percy [2003] HCA 22; 214 CLR 118 Palmer v Dolman [2005] NSWCA 361 CASES CITED : Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 Perpetual Trustees Victoria Ltd v Ford [2008] NSWSC 29; (2008) 70 NSWLR 611 Lumbers v W Cook Builders Pty Ltd [2008] HCA 27; (2008) 232 CLR 635
TEXTS CITED : Mason & Carter on 'Restitution Law in Australia'
Charter Finance Pty Limited (ACN 119 212 010) (Pl) PARTIES : Michael Abou-Antoun (1st Def) Hanne Abou-Antoun (2nd Def) John Abou-Antoun (3rd Def)
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