Monzer Tabbouch v Scott Devlin & Ors [2008] NSWSC 600

Monzer Tabbouch v Scott Devlin & Ors [2008] NSWSC 600

MLG Conveyancing was liable to the plaintiff for negligent advice that the notice to complete and subsequent termination were valid, when in fact the notice was invalid and rendered ineffective by later arrangements; the plaintiff suffered loss of deposit as a result. Marsden Group not liable as their involvement did not cause the plaintiff's loss.

Parties
Plaintiff: Monzer Tabbouch; First Defendant: Scott Devlin; Second Defendant: Simone Devlin; Third Defendant: MLG Conveyancing Pty Limited; Fourth Defendant: John Burnett Adam, John Robert Marsden, James Herbert Marsden, Kenneth James Searle, Andrew Ian Percival and Adam Joseph Seton t/as 'Marsdens Law Group'
Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Civil / Final Judgment After Hearing
Outcome
Plaintiff's case against third defendant (MLG Conveyancing) made out; plaintiff's case against fourth defendant (Marsden Group) not made out.
Legal Topics
Notices to Complete, Contract Termination, Negligence—professional, Deposit Recovery, Time of the Essence, Breach of Contract
Equity Conveyancing Notices to Complete Contract Termination Negligence—professional Deposit Recovery Time of the Essence Breach of Contract

Case Brief

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Parties

Monzer Tabbouch

Plaintiff

Scott Devlin

First Defendant

Simone Devlin

Second Defendant

MLG Conveyancing Pty Limited

Third Defendant

John Burnett Adam, John Robert Marsden, James Herbert Marsden, Kenneth James Searle, Andrew Ian Percival and Adam Joseph Seton t/as 'Marsdens Law Group'

Fourth Defendant

Procedural Posture

Civil / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the notice to complete issued under the contract was valid to make time of the essence
  2. 2 Whether the plaintiff was entitled to terminate the contract based on the notice or subsequent events
  3. 3 Whether MLG Conveyancing and/or Marsden Group were liable in negligence for advice given to the plaintiff

Ratio Decidendi

MLG Conveyancing was liable to the plaintiff for negligent advice that the notice to complete and subsequent termination were valid, when in fact the notice was invalid and rendered ineffective by later arrangements; the plaintiff suffered loss of deposit as a result. Marsden Group not liable as their involvement did not cause the plaintiff's loss.

Court Disposition

Plaintiff's case against third defendant (MLG Conveyancing) made out; plaintiff's case against fourth defendant (Marsden Group) not made out.

Orders

  • Parties to bring in short minutes of order; costs to be argued.