Krikorian v. Medeiros [1999] NSWSC 160

Krikorian v. Medeiros [1999] NSWSC 160

As the plaintiff's claim is not grounded on the mortgage or its variations, and the alleged negligent advice of the defendant's solicitors is irrelevant to the determination or relief in the principal action, the cross-claim fails to disclose a reasonable cause of action against the solicitors and must be struck out.

Jurisdiction
Australia
Judgment Date
05 March 1999
Procedural Posture
Civil (equity Division) / Interlocutory (notice of Motion to Strike Out Cross Claim)
Outcome
Cross-claim struck out; costs awarded to cross-defendants.
Legal Topics
['resulting Trusts' 'constructive Trusts' 'presumption of Advancement' "solicitor's Duties" 'strike Out Applications']
['equity' 'trusts' 'professional Negligence'] ['resulting Trusts' 'constructive Trusts' 'presumption of Advancement' "solicitor's Duties" 'strike Out Applications']

Case Brief

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Procedural Posture

Civil (equity Division) / Interlocutory (notice of Motion to Strike Out Cross Claim)

Legal Issues

  1. 1 ['Whether the cross-claim against the defendant solicitors discloses a reasonable cause of action' 'Whether any relief sought by the plaintiff is based on the mortgage or its variations so as to give rise to a claim against the cross-defendants by the defendant']

Ratio Decidendi

As the plaintiff's claim is not grounded on the mortgage or its variations, and the alleged negligent advice of the defendant's solicitors is irrelevant to the determination or relief in the principal action, the cross-claim fails to disclose a reasonable cause of action against the solicitors and must be struck out.

Court Disposition

Cross-claim struck out; costs awarded to cross-defendants.

Orders

  • ['The cross-claim against the cross-defendants is struck out.' 'The cross-claimant is to pay the costs of the cross-defendants for the notice of motion and the proceedings against them by way of cross-claim.']