J P Morgan Trust Australia v Kapetanovic [2007] NSWSC 1423

In this matter JP Morgan (the lender) sought possession of two properties from Kapentanovic (the borrower). The borrower filed a defence alleging she suffered a special disability which made the lender’s conduct unconscionable in procuring the mortgages. To meet this case the lender sought the file from the solicitor who acted for the borrower on the advance, Mr Lupco Angelovski. The solicitor failed to answer the subpoena at least 6 times despite acknowledging receipt of it. The lender sought a warrant for his arrest which was granted by Justice Harrison on 5 December 2007. Angelovski finally presented himself to the Court the next day. He claimed he had no file to produce as he had given the file to the client. This directly contradicted evidence of a conversation he was said to have had with the lender’s solicitor. The Court ordered Angelovski pay the lender’s costs but did not on the record take any further action.

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