Youssef Taouk and Najibi Taouk v Najib Louis (No.2) [2014] NSWSC 799

Supreme Court New South Wales

Medium Neutral Citation: Youssef Taouk and Najibi Taouk v Najib Louis (No.2) [2014] NSWSC 799 Hearing dates: 1-4, 7, 8 April 2014 Decision date: 20 June 2014 Jurisdiction: Equity Division Before: Darke J Decision: Statement of Claim is dismissed with costs. Catchwords: MORTGAGES - whether loan and mortgage transaction procured by fraud - whether signatures on loan and mortgage documentation were forged

CONTRACT - Contracts Review Act 1980 (NSW) - whether loan contract and mortgage unjust due to plaintiffs' ages, economic circumstances, educational backgrounds and abilities to understand English Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) ss 12CA, 12CB Contracts Review Act 1980 (NSW) s 7 Fair Trading Act 1987 (NSW) s 43 Trade Practices Act 1974 (Cth) s 51AA Cases Cited: Adamson v Ede [2009] NSWCA 403 Provident Capital Ltd v Papa [2013] NSWCA 36; (2013) 84 NSWLR 231 Tonto Home Loans Australia Pty Ltd v Tavares [2011] NSWCA 389 Category: Principal judgment Parties: Youssef George Taouk (first plaintiff) Najibi Taouk (second plaintiff)

Najib Louis (first defendant) Direct Mortgage Solutions Pty Ltd (second defendant) Perpetual Trustees Australia Limited (third defendant) Representation: Counsel: M Tibbey (plaintiffs) J R Young (first defendant) G A Sirtes SC, D Robertson (second and third defendants) Solicitors: Peter Baker Solicitor (plaintiffs) G&S Law Group Pty Ltd (first defendant) Curwoods Lawyers (second and third defendants) File Number(s): 2012/198193 Publication restriction: Nil