Lorraine Parker & Anor v Juan Campos [2011] NSWSC 306

Lorraine Parker & Anor v Juan Campos [2011] NSWSC 306

Juan Campos provided an accountant's letter containing false representations about his relationship with and knowledge of the borrowers and their capacity to repay. The letter was calculated to induce Avahlon to advance the loan, and reliance was inferred from the advance made after receipt of the letter. The resulting loss of the Fisherman's Paradise property and related expenses were caused by that conduct. The cross-claimants were entitled to damages for the value of the property, removal costs, past and future increased housing costs discounted to present value, refinance expenses, loan repayments and stress and anxiety, less the settlement proceeds and the benefit received from the...

Jurisdiction
Australia
Judgment Date
14 April 2011
Procedural Posture
Fourth Cross Claim for Damages in Contract, Tort and Under the Fair Trading Act 1987 Arising From a False Accountant's Letter Used to Obtain a Loan / Assessment of Damages After Default Judgment for Damages to Be Assessed Entered Against Juan Campos on 1 October 2010
Outcome
Judgment entered against Juan Campos in favour of Lorraine Parker for $132,326.24 and in favour of Michael Moulds for $134,531.24, with costs on the fourth cross-claim.
Legal Topics
['assessment of Damages' 'default Judgment' "false Accountant's Letter" 'loan Refinancing' 'causation' 'distress, Inconvenience and Anxiety' 'future Loss Discounted to Present Value']
['damages' 'fair Trading' 'tort' 'contract'] ['assessment of Damages' 'default Judgment' "false Accountant's Letter" 'loan Refinancing' 'causation' 'distress, Inconvenience and Anxiety' 'future Loss Discounted to Present Value']

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Procedural Posture

Fourth Cross Claim for Damages in Contract, Tort and Under the Fair Trading Act 1987 Arising From a False Accountant's Letter Used to Obtain a Loan / Assessment of Damages After Default Judgment for Damages to Be Assessed Entered Against Juan Campos on 1 October 2010

Legal Issues

  1. 1 ["Whether the loss of the Fisherman's Paradise property and related expenses were caused by Juan Campos' provision of the accountant's letter" 'What damages should be awarded to Lorraine Parker and Michael Moulds after default judgment on the fourth cross-claim' 'Whether damages for distress, inconvenience and anxiety should be awarded and in what amount' 'What discount rate should be applied to future housing costs']

Ratio Decidendi

Juan Campos provided an accountant's letter containing false representations about his relationship with and knowledge of the borrowers and their capacity to repay. The letter was calculated to induce Avahlon to advance the loan, and reliance was inferred from the advance made after receipt of the letter. The resulting loss of the Fisherman's Paradise property and related expenses were caused by that conduct. The cross-claimants were entitled to damages for the value of the property, removal costs, past and future increased housing costs discounted to present value, refinance expenses, loan repayments and stress and anxiety, less the settlement proceeds and the benefit received from the...

Court Disposition

Judgment entered against Juan Campos in favour of Lorraine Parker for $132,326.24 and in favour of Michael Moulds for $134,531.24, with costs on the fourth cross-claim.

Orders

  • ['That judgment be entered against Juan Campos in favour of Lorraine Parker in the sum of $132,326.24.' 'That judgment be entered against Juan Campos in favour of Michael Moulds in the sum of $134,531.24.' "The cross-defendant to the fourth cross-claim pay the cross-claimant's costs on the fourth cross claim."]