Proportionate Liability

Macquarie Bank v Meinhardt (NSW) [2010] NSWSC 1228

Macquarie brought proceedings against an engineering business which provided certifications in relation to hydraulics works on the security site. The bank was financing a project for the conversion of an industrial building to a strata-titled residential complex and required the borrower to arrange for an expert hydraulics engineer to certify the hydraulics works on the …

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Kestrel Holdings v APF Properties [2009] FCAFC 144

In this case the valuer was sued for basing his valuation on an overstatement of the croppable area on a farm. The valuer had prepared the valuation so that it could be used by a vendor and purchaser to fix a price between them. Duty of care The Court summarized the current state of the …

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Perpetual Trustee Company v Kotevski [2009] NSWSC 954

In this case the borrower, Alexander Kotevski, an unemployed pensioner aged 78 claimed, that Perpetual Trustee’s agent, Good Home Loans Pty Ltd, completed and submitted the loan application to Perpetual, without his authority and without making enquiries as to his ability to repay the loan in accordance with its terms. He also claimed the loan …

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Genworth Financial Mortgage Insurance v Clisdell [2009] FCA 1014

In this case Genworth was suing to recover money paid out on mortgage insurances from the valuer. The trial was allocated six days but on the first morning the valuer’s legal representatives sought to amend their defence to include 140 new paragraphs, being a detailed set of allegations against various parties, in effect, alleging fraud …

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