› Whether the Plaintiff has satisfied the Court that the Deed of Debt was signed by the Defendant
› Credibility of the lay witnesses
› The expert evidence on handwriting regarding simulation of the Defendant’s signature on Deed of Debt
› No expert forensic evidence called on behalf of the Plaintiff
› Seriousness of allegation
› Whether Plaintiff able to discharge burden of proof as to authenticity of Defendant’s signature on Deed of Debt
Personal Property
› Assignment of choses in action
› Whether Deed of Debt assigned and if so nature of the assignment
› Whether Deed of Assignment rectified
Contracts
› Rectification
› Intention
› Deeds of rectification
› Where rectification of two different Deeds of Assignment purported to give effect to actual intention of the assignor and assignee, respectively, in Deeds of Assignment
› Whether sufficient evidence of actual intention of each of the parties to first Deed of Assignment
Case Details
Citation[2021] NSWSC 38
CourtNSWSC
JurisdictionNew South Wales
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