A financier who proceeds only for possession of mortgaged property does not thereby lose its entitlement to recover the monetary debt, including legal costs, under the loan security documents. A client's costs of proceedings involving a financier may be recoverable as damages from a negligent solicitor under the second limb of Hadley v Baxendale, and such entitlement may be reflected in a costs order. A respondent on appeal who fails to file a Notice of Cross-Appeal or Notice of Contention and does not raise defences during the appeal hearing will be precluded from raising those defences after the appeal is determined.
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