Secure Funding Pty Ltd (formerly known as Liberty Funding Pty Ltd) v Phillip Egan [2015] NSWSC 340

Supreme Court New South Wales

Medium Neutral Citation: Secure Funding Pty Ltd (formerly known as Liberty Funding Pty Ltd) v Phillip Egan [2015] NSWSC 340 Hearing dates: 16 March 2015 Date of orders: 27 March 2015 Decision date: 27 March 2015 Jurisdiction: Common Law Before: Rein J Decision: See [30] and [31] Catchwords: Claim for possession and judgment for loan debt resisted on the basis of the Contracts Review Act - former wife living with ex-husband - the defendant claimed not to have read documents which she had signed, relying on her ex-husband - history of mortgages over the property jointly owned - payment of previous lender out of the loan proceeds provided by lender Legislation Cited: Contracts Review Act 1980 (NSW) Cases Cited: Burt v Australia & New Zealand Banking Group Ltd (1994) ATPR (Digest) 46-123 Collier v Morlend Finance Corp (1989) NSW ConvR 55-473 Commercial Bank of Australia Ltd v Amadio [1983] HCA 14 Jones v Dunkel (1959) 101 CLR 298 Marzouk v Westpac Banking Corporation BC9201553 14 October 1992 Micarone v Perpetual Trustees Australia Ltd (1999) 75 SASR 1 Octapon Pty Ltd v Esanda Finance Corporation Ltd NSWSC 3 Feb 1989 Provident Capital Ltd v Naumovski [2013] NSWSC 40 Quikfund (Australia) Pty Ltd v Prosperity Group International Pty Ltd (in liq) (2013) 295 ALR 472 Texts Cited: N/A Category: Principal judgment Parties: Secure Funding Pty Ltd (formerly known as Liberty Funding Pty Ltd) (Plaintiff) Christene Egan (Second Defendant) Representation: Counsel: P. Dowdy (Plaintiff) S. Brennan (Second Defendant) Solicitors: Norton Rose Fulbright Australia (Plaintiff) Frontier Law Group (Second Defendant) File Number(s): 2013/71366 Publication restriction: nil