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.
Superior Diamond Products v Camilleri [2006] NSWSC 1169
These proceedings were brought against the two borrowers in debt and the broker in deceit. All three defendants were subject to sequestration orders (bankrupt) nevertheless the lender was able to proceed against the broker, Adrian Camilleri because the action was brought in deceit (a defendant sued in for fraud cannot hide behind their bankruptcy). None of the defendants were represented and the court had to make its finding ex parte. The court noted in action for the deceit the High Court in Neat Holdings v Karajan [1992] HCA 66 stated:
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… strict proof is necessary where so serious a matter as fraud is to be found |
The court found that evidence established that fraudulent representations were made by Adrian Camilleri. Accordingly, he was found liable to the lender for damages for deceit. He was later jailed for a maximum of 21 months in jail for misappropriating an investor’s money in a related scam.
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.
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