SIGLIN -v- CHOULES & ORS [2002] WASCA 9
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2002] WASCA 9 | |
| THE FULL COURT (WA) | |||
| Case No: | FUL:145/2001 | 19 NOVEMBER 2001 | |
| Coram: | WALLWORK J ANDERSON J SCOTT J | 1/02/02 | |
| 22 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed and summary judgment of Master set aside | ||
| A | |||
| PDF Version |
| Parties: | JUNE ILMA SIGLIN ADRIAN CLAUDE CHOULES LESLEY BARBARA CHOULES ARTHUR THORNDYKE DAVIES INEZ THEONE DAVIES OLIVER WILLIAM HARTLEY DAISY HARTLEY PETER NELSON HELEN NELSON JOHN FRANCIS PARKER DOROTHY JANE PARKER WILLIAM ROBERT ROY SMITH |
Catchwords: | Mortgages Rights and liabilities of mortgagor and mortgagee Appeal by mortgagor against summary judgment Mortgage of family home of elderly widowed mother to benefit businessman son as guarantor Property mortgaged to secure sum of $400,000 for son Allegations of unconscionable conduct and undue influence Whether real question to be tried Mortgagor maintains mortgage executed without her full knowledge of its terms or effects upon her property Whether independent advice recommended to mortgagee No evidence as to how mortgage was to be repaid Initial application for summary judgment determined upon affidavit evidence Full facts of transaction to be ventilated and tested at trial |
Legislation: | Nil |
Case References: | Banco Exterior International SA v Thomas [1997] 1 WLR 221 CIBC Mortgages Plc v Pitt [1994] 1 AC 200 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 Garcia v National Australia Bank Ltd (1998) 194 CLR 395 General Steel Industries Inc v Commissioner for Railways NSW (1964) 112 CLR 125 Micarone v Perpetual Trustees Ltd (1999) 75 SASR 1 Royal Bank of Scotland v Etridge [2001] UKHL 44 Tranchita v Retravision (WA) Pty Ltd [2000] WASCA 265 Wilton v Farnworth (1948) 76 CLR 646 Blomley v Ryan (1956) 99 CLR 362 Fry v Lane [1888] 40 Ch D 312 Lord Hatherly, O'Rorke v Bolingbroke (1877) 2 App Cas 814 National Australia Bank Ltd v Nobile & Martelli (1988) 100 ALR 227 Yerkey v Jones (1939) 63 CLR 649 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : SIGLIN -v- CHOULES & ORS [2002] WASCA 9 CORAM : WALLWORK J
- ANDERSON J
SCOTT J
- Appellant (First Defendant)
AND
ADRIAN CLAUDE CHOULES
LESLEY BARBARA CHOULES
ARTHUR THORNDYKE DAVIES
INEZ THEONE DAVIES
OLIVER WILLIAM HARTLEY
DAISY HARTLEY
PETER NELSON
HELEN NELSON
JOHN FRANCIS PARKER
DOROTHY JANE PARKER
WILLIAM ROBERT ROY SMITH
Respondents (Plaintiffs)
Catchwords:
Mortgages - Rights and liabilities of mortgagor and mortgagee - Appeal by mortgagor against summary judgment - Mortgage of family home of elderly
(Page 2)
widowed mother to benefit businessman son as guarantor - Property mortgaged to secure sum of $400,000 for son - Allegations of unconscionable conduct and undue influence - Whether real question to be tried - Mortgagor maintains mortgage…
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- AGLC
- Siglin v Choules [2002] WASCA 9
- Case
- [2002] WASCA 9
- Decision Date
CaseChat Overview and Summary
The case of Siglin v Choules involved a dispute between the mortgagor, Mrs Siglin, and the mortgagee, Mr Choules. Mrs Siglin, an elderly widowed mother, had mortgaged her family home to secure a sum of $400,000 for her son, a businessman, to act as guarantor. Mrs Siglin contended that the mortgage was executed without her full knowledge of its terms or effects upon her property, and that there were allegations of unconscionable conduct and undue influence. Mr Choules applied for summary judgment, which was initially granted based on affidavit evidence. Mrs Siglin appealed the decision, arguing that there was a real question to be tried, and that the full facts of the transaction needed to be ventilated and tested at trial.
The central legal issues before the court were whether there was a real question to be tried regarding the mortgage's execution and the need for independent advice to be provided to the mortgagor. Additionally, the court had to consider whether there was sufficient evidence to determine how the mortgage was to be repaid. The primary concern was whether the initial application for summary judgment was correctly determined based on the available affidavit evidence, or if a trial was necessary to fully explore the circumstances surrounding the mortgage.
In its reasoning, the court found that there were indeed significant questions regarding the execution of the mortgage and the potential for undue influence or unconscionable conduct. The court emphasised that the full facts of the transaction needed to be tested at a trial, as the affidavit evidence did not adequately address the critical issues raised by Mrs Siglin. The court determined that the initial application for summary judgment was incorrectly decided, as it did not properly consider the need for a comprehensive examination of the circumstances. Consequently, the appeal was allowed, and the summary judgment of the Master was set aside.
The final orders of the court were to allow the appeal and set aside the summary judgment of the Master. This decision meant that the case would proceed to a full trial, where all aspects of the mortgage transaction could be thoroughly examined and the allegations of undue influence and unconscionable conduct could be properly assessed.
The central legal issues before the court were whether there was a real question to be tried regarding the mortgage's execution and the need for independent advice to be provided to the mortgagor. Additionally, the court had to consider whether there was sufficient evidence to determine how the mortgage was to be repaid. The primary concern was whether the initial application for summary judgment was correctly determined based on the available affidavit evidence, or if a trial was necessary to fully explore the circumstances surrounding the mortgage.
In its reasoning, the court found that there were indeed significant questions regarding the execution of the mortgage and the potential for undue influence or unconscionable conduct. The court emphasised that the full facts of the transaction needed to be tested at a trial, as the affidavit evidence did not adequately address the critical issues raised by Mrs Siglin. The court determined that the initial application for summary judgment was incorrectly decided, as it did not properly consider the need for a comprehensive examination of the circumstances. Consequently, the appeal was allowed, and the summary judgment of the Master was set aside.
The final orders of the court were to allow the appeal and set aside the summary judgment of the Master. This decision meant that the case would proceed to a full trial, where all aspects of the mortgage transaction could be thoroughly examined and the allegations of undue influence and unconscionable conduct could be properly assessed.
Orders
Orders of the court
Appeal allowed and summary judgment of Master set aside
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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