Iskandar v Mahbur & Ors [2013] NSWSC 239

Supreme Court New South Wales

Medium Neutral Citation: Iskandar v Mahbur & Ors [2013] NSWSC 239 Hearing dates: 11, 12, 13, 14, 15, 18 and 27 February 2013; 6 March 2013 Decision date: 26 March 2013 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Amended Statement of Claim dismissed Catchwords: [DECEIT] - where plaintiff claims he was deceived into believing that it was necessary to grant a Power of Attorney to his brother to implement his instructions as to transaction in relation to his Taxi whilst he was incarcerated - where claim that brother and others had no intention of implementing the plaintiff's instructions but rather intended to steal the plaintiff's money. [UNDUE INFLUENCE] - where plaintiff incarcerated for lengthy term of imprisonment - whether relationship of ascendency over the plaintiff - whether plaintiff unable to make worthwhile judgment in relation to the grant of the Power of Attorney - whether Power of Attorney procured by undue influence. [UNCONSCIONABLE CONDUCT] - where plaintiff claims a special disability - dependence on defendants - luring of plaintiff into granting of Power of Attorney. Legislation Cited: NSW Trustee and Guardian Act 2009 Powers of Attorney Act 2003 Cases Cited: Blomley v Ryan (1956) 99 CLR 362 Brusewitz v Brown [1923] NZLR 1106 Commercial Bank of Australia v Amadio Ltd (1983) 151 CLR 447 Derry v Peek (1889) 14 App Cas 337 Iskandar v Mahbur (No 6) (unreported, Supreme Court of New South Wales, Slattery J, 15 February 2012) Iskandar v Mahbur (No 9) (unreported, Supreme Court of New South Wales, White J, 10 December 2012) Johnston v Buttress (1936) 56 CLR 113 Krakowski v Eurolynx Properties Ltd (1995) 183 CLR 563 Louth v Diprouse (1992) 175 CLR 621 Neat Holdings Pty Limited v Karajan Holdings Pty Limited (1992) 110 ALR 449; 67 ALJR 170 Category: Principal judgment Parties: Hazairin Iskandar (Plaintiff) Zulfikri Mahbur (First Defendant) Aminah Theglory (Second Defendant) Wahyu Sasterawan (Third Defendant) (by his tutor, NSW Trustee and Guardian) Representation: FD Coyne (Plaintiff) Submitting Appearance (First Defendant) A Cheshire (Second Defendant) AJ McInerney SC (Third Defendant) Sylvester and Browne (Plaintiff) Goldrick Farrell Mullan (Second Defendant) Zucker Legal (Third Defendant) File Number(s): 2010/122386