Sweeney v Howard

[2007] NSWSC 852

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Principal and Agent
2. › Power of attorney
3. › Strict construction of terms
4. › Power to sell and mortgage does not include power to apply funds for benefit of agent
1. Principal and Agent
2. › Authority of agent
3. › Scope of actual authority
4. › Act of agent exclusively for benefit of agent not within scope of actual authority
1. Equity
2. › Fiduciary duties
3. › Recipient liability
4. › Where recipient did not know of existence of fiduciary relationship
5. › Knowledge of fiduciary relationship required for knowing receipt
1. Contracts
2. › Unjust contracts
3. › Contracts Review Act
4. › When contract “unjust”
5. › Independent legal advice
6. › Advice required to be independent of lender
7. › Held not just to order relief against lender who did not know of solicitor’s conflict of interest
8. › Predatory conduct
9. › Held not predatory conduct to know the borrower was at risk of default
10. › Transaction for business purposes
11. › Contracts Review Act not applicable