Higgs v Retsinias [2008] NSWSC 10

In this case the solicitors acting for the lender made several typographical errors in the mortgage (including mis-describing the lender a totally different name) they then commenced possession proceedings in the Commercial list rather than the Possession list and it was alleged they did not properly serve the Statement of Claim on the borrower. Nevertheless the Court rejected the argument that the errors made the mortgage void for uncertainty. So far as the lender’s solicitor’s conduct disentitling the lender to recovery of costs the Court indicated that the extent of any such penalty was a matter for a costs assessor to decide and ordered the costs to be assessed.

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