Solicitor Negligence

NWC Finance v Borsellino [2015] NSWSC 1702

A lender sued a borrower, who cross-claimed against his solicitor and broker. The lender asked that the cross-claim against the broker be severed because it was peripheral. The borrower did not resist this and so the court ordered the claim against the broker to be heard separately and after the main claim by the lender …

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Kambouris v Tahmazis (No 2) [2015] VSC 174

A woman guaranteed a developer’s debts to the NAB. In return she was to receive an indemnity and mortgage from the developer’s wife. Her solicitor was found negligent for not alerting her that the developer’s wife never signed the indemnity or mortgage. Another judge in a second trial then had to determine causation and damages.  …

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ASIC v Piggott Wood & Baker [2015] FCA 18

Piggot Wood & Baker were running a contributory mortgage scheme involving some 300 investors. In 2001, the Federal Court ordered the scheme to be wound up as an unregistered managed investment scheme and appointed a liquidator.  The liquidator subsequently commenced proceedings against the law firm seeking damages in relation to moneys paid between 1991 and …

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Bakovski v Lenehan [2014] NSWSC 671

A couple with limited English mistakenly believed they were guarantors to a mortgage to enable someone they trusted, a developer, to borrow money. In actual fact they were the borrowers. This mistaken belief was orchestrated by the developer. The couple obtained legal advice signed an acknowledgement to that effect. The couple sued the solicitor for …

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Settlement Group v Purcell Partners [2013] VSCA 370

There were several properties being refinanced. The solicitor for the incoming lender did not obtain a payout figure for the entirety of the properties. The solicitor prepared a cheque for this lower sum. At settlement, the outgoing lender handed over discharges of mortgage for all properties and accepted the cheque. Immediately following settlement, the outgoing …

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Crouch and Lydon v IPG Finance Australia [2013] QCA 220

A solicitor encouraged two investors to go into the mortgage lending business. The solicitor promptly embezzled the principle funds on five fictitious loans and used money he embezzled from the firm’s trust account to pay the investor’s interest. The investors sued the partnership and the question on the appeal in this case was whether the …

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Provident Capital v Papa [2013] NSWCA 156

The borrower lost her Contracts Review Act claim against the lender and the lender was awarded possession of her property. However, the borrower was successful in seeking damages for negligence from the solicitor who provided her with independent legal advice about the loan contract. The court had held that the solicitor had failed to draw …

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Provident Capital v Anderson [2013] NSWSC 705

The borrower retained a dodgy solicitor on 8 May 2013 who immediately wrote (but did not send) a letter to the lender alleging that it had not complied with the Farm Debt Mediation Act and that the consent orders for possession was therefore void. The borrower put together a posse returned to the property, where …

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