CONTRACTS — loan contracts and mortgages — fraud of investment consultant — loans approved on fraudulent financial information — forgery of signatures on loan documents and mortgage — loans approved on consideration in contracts of sale without external valuation — consideration reduced by deeds of variation — settlement moneys obtained by solicitor's direction to bank — surplus of settlement moneys transferred to fraudulent agent — whether borrowers liable to the bank — BREACH OF WARRANTY OF AUTHORITY — whether solicitor dishonest — whether warranty of authority breached — whether cause of action available to the bank — CAUSATION — whether Civil Liability Act applies — whether contributory negligence is a defence to breach of warranty of authority — whether proportionate liability applicable — damages
Case Details
Citation[2012] NSWSC 242
CourtNSWSC
JurisdictionNew South Wales
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