Facts In 1979, Jean Garcia and her then husband, Fabio Garcia, executed a mortgage over their jointly owned matrimonial home in favour of National Australia Bank Ltd (NAB). Between 1979 and 1987, Jean Balharry Garcia signed several guarantees. These guarantees […]
Tag: undue influence
Yerkey v Jones (1939) 63 CLR 649
Facts John Yerkey and his wife, Mary Yerkey brought an action in the Supreme Court of South Australia against Florence Jones and her husband, Estyn Jones. The claim was for principal and interest secured by a memorandum of mortgage registered […]
Petelin v Cullen (1975) 132 CLR 355
Facts Petelin had extremely poor English skills and could not read. Petelin owned land in Liverpool. He granted Cullen an option to purchase land from him. After the timeframe had expired, Cullen sent a letter asking for an extension with […]
Commercial Bank of Australia v Amadio (1983) 151 CLR 447
Facts The Amadios have very poor English They guaranteed their son’s debt to the bank The bank did not tell them there was no limit to the liability, they thought it was $50,000 The bank knew the son’s financial position […]
