4
Form 62 (version 2)
Rule 35.1
AFFIDAVIT OF ARTHUR CRISTIAN - 29th OCTOBER 2006
COURT DETAILS
Court Supreme Court of New South Wales
Division Common Law
List Possession
Registry Sydney
Case number 13403/06
TITLE OF PROCEEDINGS
First plaintiff Perpetual Limited, formerly known as Perpetual Trustees
Australia Limited [ACN 000 431 827]
First defendant Fiona Caroline Cristian
FILING DETAILS / ADDRESS FOR SERVICE
Filed for Defendant
Address for service 11 Roycroft Street Bowral NSW 2576
Telephone 0418 203 204
AFFIDAVIT DETAILS
Name Arthur Cristian
Address 11 Roycroft Street Bowral NSW 2576
Occupation Home Duties
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Deponent Witness
On the 29th October 2006, I say on oath:
I am the Defendant’s husband, Arthur Cristian.
1. I have in my possession a list of documentary evidence of the correspondence between the cross-defendant and its agents and the cross-claimant and myself.
2. The documents exhibited to this affidavit are to the best of my knowledge, information and belief, true copies of the original documents.
3. Exhibited to this affidavit marked AC-1 is a true copy of Referrer Fax Header Sheet and attached 7 page Macquarie Mortgages Application for Finance dated
28 March 2005 from ACG Mortgage Fastrack addressed to Dino Pesce of
Macquarie Mortgages Pty Limited.
4. Exhibited to this affidavit marked AC-2 is a true copy of Facsimile Message from Mortgage Fast Track & Investment Services addressed to Macquarie Mortgages dated 12 May 2005.
5. Exhibited to this affidavit marked AC-3 is a true copy of email message dated
12 May 2005 from Macquarie Mortgages addressed to Mortgage Fastrack.
6. Exhibited to this affidavit marked AC-4 is a true copy of a Notice of Loan Approval dated 16 May 2005 from Macquarie Mortgages Pty Limited addressed to Mr and Mrs Cristian.
7. Exhibited to this affidavit marked AC-5 is a true copy of a Notice of Loan Approval dated 30 May 2005 from Macquarie Mortgages Pty Limited addressed to Mr Arthur Cristian.
8. Exhibited to this affidavit marked AC-6 is a true copy of a Notice of Loan Approval dated 1 June 2005 from Macquarie Mortgages Pty Limited addressed to Mrs Fiona Cristian.
9. Exhibited to this affidavit marked AC-7 is a true copy of a Notice of Loan Approval dated 1 June 2005 from Macquarie Mortgages Pty Limited addressed to Mr Arthur Cristian.
10. Exhibited to this affidavit marked AC-8 is a true copy of a 4 page letter dated
3 June 2005 from Galilee & Associates addressed to Mr and Mrs Cristian.
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Deponent Witness
11. Exhibited to this affidavit marked AC-9 is a true copy of Tax Invoice dated
3 June 2005 from Galilee & Associates addressed to Mr and Mrs Cristian.
12. Exhibited to this affidavit marked AC-10 is a true copy of email message dated
6 June 2005 from Galilee Solicitors addressed to Mortgage Fastrack.
13. Exhibited to this affidavit marked AC-11 is a true copy of an 11 page Loan Contract from Galilee & Associates addressed to Mr and Mrs Cristian.
14. Exhibited to this affidavit marked AC-12 is a true copy of Facsimile Message from Mortgage Fastrack addressed to Macquarie Mortgages dated
21 July 2005
15. Exhibited to this affidavit marked AC-13 is a true copy of a Notice of Loan Approval dated 27 July 2005 from Macquarie Mortgages Pty Limited addressed to Mr Arthur Cristian.
16. Exhibited to this affidavit marked AC-14 is a true copy of Facsimile Message from Mortgage Fastrack addressed to Macquarie Mortgages dated
4 August 2005
17. Exhibited to this affidavit marked AC-15 is a true copy of a Notice of Loan Approval dated 22 August 2005 from Macquarie Mortgages Pty Limited addressed to Mrs Fiona Cristian.
18. Exhibited to this affidavit marked AC-16 is a true copy of a Notice of Loan Approval dated 22 August 2005 from Macquarie Mortgages Pty Limited addressed to Mr Arthur Cristian.
19. Exhibited to this affidavit marked AC-17 is a true copy of the 28 page Loan Contract and Mortgage documents from Galilee & Associates addressed to Mr Arthur and Fiona Cristian.
20. Exhibited to this affidavit marked AC-18 is a true copy of a 6 page letter dated
23 August 2005 from Galilee & Associates addressed to Mr and Mrs Cristian.
21. Exhibited to this affidavit marked AC-19 is a true copy of Tax Invoice dated
23 August 2005 from Galilee & Associates addressed to Mr and Mrs Cristian.
22. Exhibited to this affidavit marked AC-20 is a true copy of a hand written note dated 5 September 2005 from Arthur and Fiona Cristian addressed to Nada Zaki at Macquarie Mortgages.
23. Exhibited to this affidavit marked AC-21 is a true copy of Facsimile Message from Mortgage Fastrack addressed to Galilee Solicitors dated
5 September 2005.
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Deponent Witness
24. Exhibited to this affidavit marked AC-22 is a true copy of email message dated
12 September 2005 from Galilee Solicitors addressed to Mortgage Fastrack.
25. Exhibited to this affidavit marked AC-23 is a true copy of email message dated
12 September 2005 from Galilee Solicitors addressed to Mortgage Fastrack.
26. Exhibited to this affidavit marked AC-24 is a true copy of a Loan Settlement Statement dated 19 September 2005
27. Exhibited to this affidavit marked AC-25 is a true copy of a Statement of Account for the period 19 September 2005 to 30 September 2005 from Macquarie Mortgages addressed to Arthur Cristian.
28. Exhibited to this affidavit marked AC-26 is a true copy of a Notice of Loan Approval dated 20 September 2005 from Macquarie Mortgages Pty Limited addressed to Mr Arthur Cristian.
29. Exhibited to this affidavit marked AC-27 is a true copy of email message dated
21 September 2005 from Galilee Solicitors addressed to Mortgage Fastrack.
30. Exhibited to this affidavit marked AC-28 is a true copy of a letter from Arthur Cristian addressed to Erica of Macquarie Mortgages dated
29 September 2005.
31. Exhibited to this affidavit marked AC-29 is a true copy of a Statement of Account for the period 1 October 2005 to 31 October 2005 from Macquarie Mortgages addressed to Arthur Cristian.
32. Exhibited to this affidavit marked AC-30 is a true copy of a Statement of Fiona Cristians ANZ Access Cheque Account -557681376 for the period
27 October 2005 to 2 November 2005.
33. Exhibited to this affidavit marked AC-31 is a true copy of Facsimile Message and attached 8 page Loan Application from Mortgage Fastrack addressed to Macquarie Mortgages dated 8 November 2005.
34. Exhibited to this affidavit marked AC-32 is a true copy of a 2 page letter dated
22 December 2005 from Macquarie Mortgages Pty Limited addressed to
Mr and Mrs Cristian.
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Deponent Witness
35. Exhibited to this affidavit marked AC-33 is a true copy of a Notice of Loan Approval dated 22 December 2005 from Macquarie Mortgages Pty Limited addressed to Mr Arthur Cristian.
36. Exhibited to this affidavit marked AC-34 is a true copy of a Statement of Account for the period 1 December 2005 to 31 December 2005 from Macquarie Mortgages addressed to Arthur and Fiona Cristian.
37. Exhibited to this affidavit marked AC-35 is a true copy of a letter from Macquarie Mortgages addressed to Arthur and Fiona Cristian dated
24 January 2006.
38. Exhibited to this affidavit marked AC-36 is a true copy of a letter from Macquarie Mortgages addressed to Arthur Cristian dated 13 February 2006.
39. Exhibited to this affidavit marked AC-37 is a true copy of a letter from Macquarie Mortgages addressed to Arthur and Fiona Cristian dated 12 May 2006.
40. Exhibited to this affidavit marked AC-38 is a true copy of a letter from Macquarie Mortgages addressed to Arthur and Fiona Cristian dated
18 May 2006.
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Deponent Witness