Landa v Perpetual Trustees Victoria Ltd [2014] NSWCA 393

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Landa v Perpetual Trustees Victoria Ltd [2014] NSWCA 393 Hearing dates: 1/09/2014 Decision date: 17 November 2014 Before: Macfarlan JA at [1]; Meagher JA at [2]; Emmett JA at [3] Decision: Appeal be dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACTS - loan contracts entered into with the Respondent - mortgage originator engaged in fraudulent activity resulting in the misappropriation of funds advanced by the Respondent - whether the loan contracts were unjust in the circumstances in which they were entered into - whether the system of arranging mortgages established by the Respondent failed to adequately monitor the mortgage originators to detect fraudulent activity - Contracts Review Act 1980 (NSW), ss 7, 9

PROCEDURE - judgments and orders - adequacy of reasons - whether the trial judge referred to matters listed in s 9 of the Contracts Review Act Legislation Cited: Contracts Review Act 1980 (NSW), ss 7, 9 Cases Cited: West v AGC (Advances) Ltd (1986) 5 NSWLR 610 Category: Principal judgment Parties: Barry Samuel Landa (Appellant) Perpetual Trustees Victoria Ltd (ACN 004 027 258) (Respondent) Representation: Counsel: D Jackson QC with W Edwards (Appellant) M Ashhurst SC with M Cleary (Respondent) Solicitors: Thomas Henry Bray (Appellant) Kemp Strang (Respondent) File Number(s): 2013/372923 Publication restriction: Nil Decision under appeal Citation: Landa v Perpetual Trustees Victoria [2013] NSWSC 1685 Date of Decision: 2013-11-18 00:00:00 Before: Young AJ File Number(s): 2009/289582