Solicitor negligence

  • NWC Finance v Borsellino [2015] NSWSC 1702

    16 November 2015
    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...
  • Morris v Trodden [2015] NSWSC 705

    05 June 2015
    A husband and wife separated and retained a solicitor to transfer the interest in their matrimonial home from the husband as sole proprietor to themselves as joint tenants. The solicitor failed to...
  • Kambouris v Tahmazis (No 2) [2015] VSC 174

    29 April 2015
    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...
  • ASIC v Piggott Wood & Baker [2015] FCA 18

    28 January 2015
    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...
  • Bakovski v Lenehan [2014] NSWSC 671

    26 May 2014
    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...
  • Settlement Group v Purcell Partners [2013] VSCA 370

    16 December 2013
    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...
  • Crouch and Lydon v IPG Finance Australia [2013] QCA 220

    09 August 2013
    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...
  • Provident Capital v Papa [2013] NSWCA 156

    05 July 2013
    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...
  • Provident Capital v Anderson [2013] NSWSC 705

    30 May 2013
    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...
  • Zakka v Elias [2013] NSWCA 119

    12 May 2013
    A solicitor (with a restricted practising certificate and therefore only entitled to practise as an employed solicitor) acted for a lender in relation to a number of loans secured over the lender’s...


Brans Case Notes



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