Perpetual Trustee Company Limited v Stojcevski [2014] NSWSC 1718

A borrower sued his solicitor for negligent independant legal advice on mortgage documents documents.

The judge held that:

  1. The facts alleged by the borrower were concocted by him and his wife in an effort to save their house;
  2. The solicitor giving independant legal advice is not requirted to turn his mind to the affordability of the loan or render finanacial advice.
  3. The fact the solicitor did not make a file note of the meeting did not undermine his credibility. His correspondence with his clients and also with the lender’s solcitors as well as the documents themselves were sufficient to constitute relevant aides-memoires. 
  4. The duties owed by a solicitor to clients does not require an interrogation about the state of clients’ marriages, it would be impertinent.

Click here to read the full judgment.

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