Mitchell Morgan Nominees Pty Ltd & Anor v Vella & Ors (No 2) [2012] NSWCA 38

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mitchell Morgan Nominees Pty Ltd & Anor v Vella & Ors (No 2) [2012] NSWCA 38 Hearing dates: On the papers Decision date: 15 March 2012 Before: Macfarlan JA at [1] Sackville AJA at [20] Decision: (1) Allow Mitchell Morgan's appeal in its proceedings against Hunt & Hunt. (2) Set aside order 12 made on 3 July 2009 in the Supreme Court Equity Division proceedings numbered 4059 of 2006 and in lieu thereof enter judgment for Mitchell Morgan against Hunt & Hunt in the amount of $2,370,601.54. (3) Set aside orders 13 and 15 made on 3 July 2009 in those Equity proceedings and in lieu thereof order Hunt & Hunt to pay Mitchell Morgan's costs of Mitchell Morgan's cross-claim against Hunt & Hunt. (4) Order Hunt & Hunt to pay Mitchell Morgan's costs of the appeal proceedings between Mitchell Morgan and Hunt & Hunt. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DAMAGES - torts - professional negligence - financial loss - interest component - appropriate date for quantification of damages

PROFESSIONS AND TRADES - solicitors - negligence - forged mortgage - loss of interest - scope of liability under s 5D Civil Liability Act 2002 Legislation Cited: Civil Liability Act 2002 Supreme Court Act 1970 Category: Consequential orders Parties: Mitchell Morgan Nominees Pty Ltd (First and Second Appellants) Hunt & Hunt Lawyers (Second Respondent) Representation: Counsel: B A Coles QC/S B Docker (Appellants Mitchell Morgan Nominees Pty Ltd) J Stevenson SC/N Kabilafkas (Second Respondent) Solicitors: Mills Oakley (Appellants) Mallesons Stephen Jaques (Second Respondent) File Number(s): CA 2009/298381 Decision under appeal Citation: Vella v Mitchell Morgan Nominees Pty Ltd [2008] NSWSC 511