Permanent Custodians Limited v Geagea (No 2) [2014] NSWSC 562

Supreme Court New South Wales

Medium Neutral Citation: Permanent Custodians Limited v Geagea (No 2) [2014] NSWSC 562 Hearing dates: 13 May 2013, 3 - 7 June 2013, 11 June 2013, 23 - 25 October 2013 Decision date: 13 May 2014 Jurisdiction: Common Law Before: Rothman J Decision: 1. Judgment for the plaintiff against the fourth, fifth and sixth defendants; 2. The fourth, fifth and sixth defendants shall pay the plaintiff's costs of and incidental to these proceedings; 3. Leave is granted to the fourth, fifth and sixth defendants to address in writing, within twenty-one (21) days of the date hereof, the issues of the effect of proportionate liability finding on the amount of the damages to be awarded and on any damages or contribution under the cross-claim; 4. Each of the plaintiff and the fourth, fifth and sixth defendants have leave to apply in writing for any special or different order as to costs within twenty one (21) days hereof. Any other party affected by any such application may respond within twenty-one (21) days of receipt of the application. Any such application and response shall enclose, or be made by, a submission of no more than three (3) pages and shall enclose any relevant documents. Catchwords: MORTGAGOR and MORTGAGEE - forged signatures - allegedly witnessed by solicitor - settlement as against mortgagors LEGAL PRACTITIONERS - breach of warrant of authority in disbursement of loan funds - solicitor warranting that he acted for persons one of whom he did not so act CONSUMER PROTECTION - misleading or deceptive conduct - solicitor's warranty of authority - instructions not received from one mortgagor Legislation Cited: Civil Liability Act 2002 (NSW) Competition and Consumer Act 2010 (Cth) Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] HCA 48; (2009) 239 CLR 420 Bebonis & Another v Angelos & Others (2003) 56 NSWLR 127 BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd (No 3) [2009] FCA 1087 Chapman v Hearse [1961] HCA 46; (1961) 106 CLR 112 Commonwealth Bank of Australia v Hamilton [2012] NSWSC 242 Firbank's Executors v Humphreys (1886) 18 QBD 54 Kahn as Trustee for the Khan Family Trust v Hadid [2008] NSWSC 119 Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61; (2000) 205 CLR 254 Penn v Bristol & West Building Society [1997] 1 WLR 1356 Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; (1985) 59 ALJR 492 Texts Cited: Agency (18th edition) Category: Principal judgment Parties: Permanent Custodians Limited (Plaintiff) Tony Geagea (First Defendant) Charbel Geagea (Second Defendant) David Geagea (Third Defendant) Phillip Symonds (Fourth Defendant) Christopher Swanson (Fifth Defendant) Terence Ledlin (Sixth Defendant) Representation: Counsel: S B Docker (Plaintiff) No appearance (First Defendant) T Rabadi (Second and Third Defendants) J Downing (Fourth, Fifth and Sixth Defendants)