Overdean Developments Pty Ltd v Garslev Holdings Pty Ltd (No 3)

[2021] NSWSC 1482

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Res Judicata
2. › multiple prior proceedings in this Court arising out of the administration and liquidation two companies that also gave rise to the events the subject of these proceedings
3. › whether plaintiffs’ claims in these proceedings are precluded by the doctrines of res judicata, issue estoppel or Anushun estoppel
4. › whether plaintiffs’ claims in these proceedings are an abuse of process
1. Power of Attorney
2. › determination in previous proceedings that power of attorney irrevocable by reason of Powers of Attorney Act 2003 (NSW), s 15
3. › construction of power of attorney
4. › consideration of whether attorneys owed fiduciary duties to principal
5. › held that attorneys owed duties not to obtain unauthorised benefits (or confer such benefits on third parties) and not to act in circumstances of conflict between attorneys’ interests (or interests of third parties) and principal’s interests
1. Land Law
2. › Torrens title
3. › indefeasibility of title
4. › fraud exception to indefeasibility
1. Legal Practitioners
2. › consideration of what constitutes engaging in legal practice within the meaning of s 10 of the Legal Profession Uniform Law (NSW)
3. › consequences of attorneys appointed under power of attorney undertaking work that amounted to engaging in legal practice in circumstances where the attorneys were not qualified entities within the meaning of the Uniform Law