Ginelle Finance Pty Limited v Diakakis & Ors [2007] NSWSC 60

Reported Decision : (2007) NSW ConvR 56-174 (2007) ANZ Conv R 278

New South Wales Supreme Court

CITATION : Ginelle Finance Pty Limited v Diakakis & Ors [2007] NSWSC 60 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11/09/2006; 12/09/2006, 15/09/2006; 18/09/2006; 19/09/2006, 20/09/2006; 21/09/2006

JUDGMENT DATE : 16 February 2007

JUDGMENT OF : Hoeben J at 1

DECISION : See Paragraph [169].

CATCHWORDS : NEGLIGENCE – Claimant owner of house – claimant's signature forged on mortgage documents – liability of solicitor acting for claimant on mortgage – liability of solicitor who attested the forged signatures – duty of care of solicitors in those circumstances – whether policy of insurance issued by Lawcover responded to claim by solicitor attesting the forged signatures – apportionment of liability between solicitors – causation under s5D of the Civil Liability Act (2002) (NSW).

Ginelle Finance Pty Limited - Plaintiff Michael Diakakis - Defendant Michael Diakakis - 1st Cross-Claimant to the First Cross-Claim Ginelle Finance Pty Limited - First Cross-Defendant to the First Cross-Claim Dennis P Grogan and Lewis J Webb t/as Grogan & Webb - Second Cross-Defendants to the First Cross-Claim Peter J Cassimatis - Third Cross -Defendant to the First Cross-Claim Michael Diakakis - Second Cross-Claimant Jennifer Diakakis - First Cross-Defendant to Second Cross-Claim Nikita Diakakis - Second Cross-Defendant to Second Cross-Claim Terry Diakakis - Third Cross-Defendant to Second Cross-Claim Dennis P Grogan and Lewis J Webb t/as Grogan & Webb - Third Cross-Claimants PARTIES : Peter Cassimatis - First Cross-Defendant to Third Cross-Claim Jennifer Kiakakis - Second Cross-Defendant to Third Cross-Claim Nikita Diakakis - Third Cross-Defendant to Third Cross-Claim Terry Diakakis - Fourth Cross-Defendant to Third Cross-Claim Peter J Cassimatis - Fourth Cross-Claimant Dennis Grogan and Lewis Webb t/as Grogan & Webb - Fourth Cross-Defendants to Fourth Cross-Claim Peter J Cassimatis - Fifth Cross-Claimant; Jennifer Diakakis - First Cross-Defendant to Fifth Cross-Claim Nikita Diakakis - Second Cross-Defendant to Fifth Cross-Claim; Terry Diakakis - Third Cross-Defendant to Fifth Cross-Claim Peter Cassimatis - Sicth Cross-Claimant Lawcover Pty Limited - Sixth Cross-Defendant