J Redman Investments Pty Limited v Malcolm Nelson Johns [2015] NSWDC 39

District Court New South Wales

Medium Neutral Citation: J Redman Investments Pty Limited v Malcolm Nelson Johns [2015] NSWDC 39 Hearing dates: 10, 11, 12 March 2015 Date of orders: 01 April 2015 Decision date: 01 April 2015 Jurisdiction: Civil Before: Sidis ADCJ Decision: 1. Verdict for the plaintiff. 2. My reasons are published. 3. The proceedings are adjourned to a date to be fixed to deal with issues of interest and costs. FURTHER ORDERS 4. Verdict and judgment for the plaintiff in the sum of $62,572.19 5. The Defendant is to pay the Plaintiff's costs on a party and party basis up to and including 9 March 2015, and on an indemnity basis thereafter. 6. Exhibits are returned Catchwords: Professional negligence; failure to advise of risk of unregistered second mortgage; failure to register mortgage or lodge caveat; date of accrual of cause of action; mitigation; assessment of loss taking account of high interest rate; proportionate liability; offer of compromise; costs Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Limitation Act 1969 Cases Cited: Jones v Dunkel(1959) 101 CLR 298 Hawkins v Clayton & Ors (1987-1988) 164 CLR 539 Wardley Australia Limited & Anor v The State of Western Australia (1992) 175 CLR 514; The Commonwealth of Australia v Cornwell (2007) 229 CLR 519 Christie v Purves & Ors[2007] NSWCA 182 Pullen & Anor v Gutteridge Haskins & Davey Pty Ltd [1993] 1 VR 27 Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd & Ors(2013) 247 CLR 613Click here to enter text. Category: Principal judgment Parties: J Redman Investments Pty Ltd (Plaintiff) Malcolm Nelson Johns (Defendant) Representation: Counsel: Mr G Gemmell, (Plaintiff) Mr I Griscti, (Defendant)