Perpetual Trustee Company v Kinsella [2006] NSWSC 1005

In this case, the lender sought possession. The bankrupt borrower claimed the lender’s solicitor had told him a lesser sum would be accepted in full and final satisfaction of the debt.  Normally a bankrupt would not be allowed to mount a defence. However the judge gave permission because there seemed to be a conflict in the evidence between two solicitors.

The lender’s solicitor, Mr Sunman, gave evidence denying the allegation and was believed. The borrower’s solicitor did not show up and his affidavit contradicting Mr Sunman was not allowed into evidence. The court ordered possession be given to the lender.

Scroll to Top