McLEAN v Westpac Banking Corporation

[2011] WASCA 224

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary judgment
3. › Possession proceedings by mortgagee
4. › Whether triable issue raised
5. › Alleged alteration of loan application by third party
6. › Allegation unsupported by admissible evidence
7. › No evidence of bank involvement
1. Practice and Procedure
2. › Summary judgment
3. › Best evidence rule
4. › Secondary evidence
5. › Whether admissible where no evidence of search for original document
1. Appeal
2. › Appeal from summary judgment
3. › No error revealed
4. › Appeal dismissed

Quick Take

Allegations of fraudulent alteration of a loan application by a third-party loan introducer do not raise a triable issue in a mortgagee's possession proceedings where the allegations are unsupported by admissible evidence and there is no evidence of the bank's involvement in the alleged alteration.