Elder & Ors v Cameron & Anor [2007] NSWSC 743

New South Wales Supreme Court

CITATION : Elder & Ors v Cameron & Anor [2007] NSWSC 743

HEARING DATE(S) : 09/07/07 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 9 July 2007

DECISION : Evidence admitted. Judgment for plaintiffs against second defendant with costs.

CATCHWORDS : EVIDENCE - Admissibility and Relevancy - Whether a defendant bound by solicitor's letters - Whether hearsay admissible as admissions with authority under the Evidence Act 1995, s 87(1)

LEGISLATION CITED : Evidence Act 1995

Magripilis v Baird (1926) St R Qd 89 CASES CITED : CTM Nominees v Galba Pty Ltd (1982) 2 BPR 97147 Pianta v National Finance & Trustees Ltd (1964) 180 CLR 146 CIC Insurance Ltd v Bankstown Football Club Ltd (1995 1997) 187 CLR 384

Christopher Andrew Elder - First Plaintiff Maurice John McCarthy - Second Plaintiff Stuart Graeme Holden Tipple - Third Plaintiff Ranchmoore Pty Ltd - Fourth Plaintiff PARTIES : Bedizen Pty Ltd - Fifth Plaintiff Anthony Morton - Sixth Plaintiff Pamela Morton - Seventh Plaintiff Cameron Malcohm Bruce - First Defendant Tricia Mary Crane - Second Defendant

FILE NUMBER(S) : SC 5702/06

COUNSEL : Mr P Menadue - Plaintiffs

SOLICITORS : Penmans Solicitors - Plaintiffs Cameron & Myers Solicitors - First Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

GZELL J

9 JULY 2007

5702/06 CHRISTOPHER ANDREW ELDER & ORS v MALCOLM BRUCE CAMERON & ANOR EX TEMPORE JUDGMENT 1 Christopher Andrew Elder, the first plaintiff, was the solicitor for Ranchmoor Pty Ltd, the fourth plaintiff. 2 Maurice John McCarthy, the second plaintiff, was the solicitor for Bedizen Pty Ltd, the fifth plaintiff. 3 Stuart Graeme Holden Tipple, the third plaintiff, was the solicitor for Anthony John Morton and his wife Pamela Morton, the sixth and seventh plaintiffs. 4 Malcolm Bruce Cameron, the first defendant, was a partner of the law firm Cameron & Myers. They were the solicitors acting for Tricia Mary Crane, the second defendant. 5 Mr Cameron entered a submitting appearance. 6 Ms Crane entered an appearance in her own right giving as her address: 92 The Esplanade, Point Vernon, Hervey Bay, in Queensland. She has not appeared at this hearing. 7 On 30 May 2007, the solicitors for the plaintiffs wrote to Ms Crane at that address informing her of the hearing today. On 4 July 2007, a further letter was sent by express post to that address reminding her of today's hearing. 8 Ranchmoor, Bedizen and Mr and Mrs Morton alleged that they lent moneys to Ms Crane and the debts were secured against Miss Crane's property at 31 Woodland Road, Terrigal in New South Wales. Each lodged caveats over the property. 9 Ms Crane entered into a contract for sale of the property. Prior to settlement, Ranchmoor, Bedizen and Mr and Mrs Morton agreed with Ms Crane that the caveats be removed. On 15 March 2005, Mr Cameron wrote to Mr Tipple in these terms: "We look forward to hearing from you with your consent to our clients' ( sic) proposal. To reiterate, that proposal is: