Readers of this journal may recall the judgment of Mitchell Morgan Nominees Pty Limited v Vella  NSWCA 390, which we covered in the Legal Notebook section of the March 2012 edition. That judgment provided some support for the proposition that in certain circumstances, specific individuals in a lending transaction may not be concurrent wrongdoers.
On 12 December, 2012 the High Court of Australia heard the appeal by Hunt & Hunt Lawyers (Hunt & Hunt) from the above judgment. A key issue in the appeal was the proper approach to applying the proportionate liability provisions found in the Civil Liability Act 2002 (NSW) (CLA) and equivalent provisions in other Australian jurisdictions. Given the importance of this issue – including to the property valuation industry – members of DLA Piper’s Litigation and Regulatory team were at court for the hearing....
Please see full Case Analysis below for more information.
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Topics: Borrowers, Fraud, Gross Negligence, Lenders, Liability, Mortgages, Negligence
Published In: Civil Remedies Updates, General Business Updates, Finance & Banking Updates, Professional Malpractice Updates, Residential Real Estate Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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