Solicitor Negligence

Vaccaro v Flammia [2008] NSWSC 1322

Vaccaro sued Flammia, a solicitor, for professional negligence because a Certificate of Title was taken from the solicitor’s office and used to fraudulently obtain a mortgage. This was an interlocutory judgment on an application by Vaccaro to join LawCover to the proceedings as it had refused cover. Flammia’s practicing certificate was suspended on or about …

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Kowalczuk v Accom Finance [2008] NSWCA 343

In this appeal court case the borrower claimed the loan was unjust under the Contracts Review Act. Quite surprisingly the appeal court held the higher rate of interest was impermissible on the grounds that it was a penalty. For hundreds of years lenders have been able to charge a higher rate, without it being struck …

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Perpetual Trustees Victoria v Malouf [2008] NSWSC 834

In this case the son borrowed on his non-English speaking parent’s house to invest in the short term loan market. The money was lost and the lender sought possession of the house. The parents sought to effectively cross claim against the solicitor who represented them on the mortgage. Lawcover refused indemnity and so they sought …

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PricewaterhouseCoopers Legal v Perpetual Trustees Victoria [2007] NSWCA 271

This was a decision of the Court of Appeal. There were seven lots of land with demountable homes on them held as part of a community title estate. Interstar loaned thinking they were getting security over the pre-manufactured houses. However the houses were chattels owned by their occupants not fixtures owned by the borrower. Interstar …

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Ginelle Finance v Diakakis [2007] NSWSC 60

Mortgages were fraudulently registered over the land of the defendant in early 2001 and fraudulently refinanced in late 2001. The defendant discovered the existence of the mortgages and went to the police. The lender brought these proceedings and obtained summary judgement for possession on the basis of indefeasibility of title. The defendant brought cross-claims against …

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Permanent Trustee Australia v Mary Gusevski [2005] NSWSC 1281

In this case a woman borrowed against her house at the urging of her partner and he dissipated the money. She defended the lender’s claim for possession with a Contracts Review Act defence and argued that the lender had behaved unconscionably under the general law. The lender joined the solicitor who had given independent legal …

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