LANG v LICCIARDELLO [1999] NSWSC 93

LANG v LICCIARDELLO [1999] NSWSC 93

The defendant was aware of the principal amount secured and of the interest payment obligations under the 1991 mortgage, and was also aware of the relevant amount of the 1993 mortgage. No operative undue influence, unconscionability, unjustness, misleading conduct, negligence, breach of contract or breach of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 February 1999
Procedural Posture
Proceedings by Mortgagees to Enforce a Mortgage, With a Defence Under the Contracts Review Act 1980, Fair Trading Act 1987 and Unconscionability, and a Cross Claim Against a Solicitor / Judgment After Hearing
Outcome
Judgment for the plaintiffs and the cross defendant with costs.
Legal Topics
['contracts Review Act 1980' 'unjust Contract' 'third Party Volunteer Mortgage' 'mortgage Enforcement' 'mortgagee Solicitor Duties' 'conflict of Interest' 'unconscionability']
['contract Law' 'mortgage Law' 'equity' 'professional Negligence' 'fair Trading'] ['contracts Review Act 1980' 'unjust Contract' 'third Party Volunteer Mortgage' 'mortgage Enforcement' 'mortgagee Solicitor Duties' 'conflict of Interest' 'unconscionability']

Source-derived case record

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Procedural Posture

Proceedings by Mortgagees to Enforce a Mortgage, With a Defence Under the Contracts Review Act 1980, Fair Trading Act 1987 and Unconscionability, and a Cross Claim Against a Solicitor / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the mortgage was unjust in the circumstances relating to it at the time it was made under the Contracts Review Act 1980.' 'Whether the defendant was deceived as to the amount secured by the mortgage and the instalments payable.' 'Whether the 1993 mortgage was unenforceable because of the circumstances in which it was executed.' 'Whether the cross defendant was liable in negligence, breach of contract, breach of fiduciary duty or under the Fair Trading Act 1987 in connection with the 1993 mortgage.']

Ratio Decidendi

The defendant was aware of the principal amount secured and of the interest payment obligations under the 1991 mortgage, and was also aware of the relevant amount of the 1993 mortgage. No operative undue influence, unconscionability, unjustness, misleading conduct, negligence, breach of contract or breach of fiduciary duty was established so as to make the mortgage unenforceable or make the cross defendant liable.

Court Disposition

Judgment for the plaintiffs and the cross defendant with costs.

Orders

  • ['Judgment for the plaintiffs and the cross defendant with costs.' 'The plaintiffs are to draw up a minute of orders giving effect to the judgment.']