Sapuppo v Ribchenkov [2001] FCA 1428

FEDERAL COURT OF AUSTRALIA

Sapuppo v Ribchenkov [2001] FCA 1428 TORTS – negligence – application to set aside mortgage – condition of mortgage that elderly non-English speaking mortgagor receive independent advice from solicitor explaining nature and extent of obligations under mortgage – where primary judge found mortgagor not properly advised by solicitor – whether that conclusion open on facts – whether damage flowed from any failure to advise SEBASTIAN ANTHONY SAPUPPO & ANOR v ALEVTINA RIBCHENKOV & ORS Q60 OF 2001 TAMBERLIN, MANSFIELD & EMMETT JJ 11 OCTOBER 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q60 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SEBASTIAN ANTHONY SAPUPPO

FIRST APPELLANT

AUSTRALIAN PACIFIC PROFESSIONAL INDEMNITY INSURANCE COMPANY LTD ACN 072 266 909

SECOND APPELLANT

AND: ALEVTINA RIBCHENKOV

FIRST RESPONDENT

SUNCORP-METWAY LIMITED ACN 010 831 722

SECOND RESPONDENT

JUDGES: TAMBERLIN, MANSFIELD & EMMETT JJ

DATE OF ORDER: 11 OCTOBER 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. Orders 2, 6 and 7 made by the Court on 7 March 2001 be set aside. In lieu thereof, the first respondent pay the first appellant's costs of defending the first respondent's claims against the first appellant in proceeding Q 33 of 1997. 3. The first and second respondents pay the first appellant's costs of the appeal. 4. There be no order as to the costs of the second appellant in relation to the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q60 OF 2001