In order to preserve our clients' confidentiality the case results on this website are limited to those in which there has been a reported decision. However, only a small portion of the cases we act on end up going to trial. In particular, cases involving professional negligence against valuers and solicitors are almost always settled with the insurers.
The securities were sold with a shortfall and the directors/guarantors were sued for the shortfall. One of the directors defended the claim on the basis of unconscionability and unjustness pursuant to the Contracts Review Act and denied signing the variation. Justice Bell disbelieved the guarantor's claim she did not sign the variation and found for the lender on all counts.
Click here for a copy of the judgment
Matthew Bransgrove is a partner and occasional lecturer for the College of Law. He has practised exclusively in the field of mortgage law and mortgage related litigation since 1998.