Boensch v Bingham

• 1. Mortgages and Securities
  2. › Unregistered mortgage
  3. › Mortgage granted as security for legal fees
  4. › Validity of caveat claiming interest pursuant to mortgage
  5. › Whether mortgage void or terminated for breach
  6. › Whether mortgage secures forensic and speculative amount
  7. › Whether mortgage executed as deed in accordance with requirements
  8. › Conveyancing Act 1919 (NSW), ss 23B, 38
• 1. Costs
  2. › Solicitor and client
  3. › Costs agreement
  4. › Where costs agreement constituted by mortgage
  5. › Whether mortgage void by reason of non-compliance with disclosure obligations to provide updated costs estimate
  6. › Legal Profession Uniform Law 2014 (NSW), ss 172, 174, 178, 180, 184, 185
• 1. Costs
  2. › Solicitor and client
  3. › Costs assessment
  4. › Where Costs Review Panel issued certificate in $Nil amount
  5. › Where mortgage terms cap amount payable and defer date for payment
  6. › Whether attempt to enforce costs agreement before costs fell due constitutes breach
  7. › Whether further costs assessment available after liability crystallises
• 1. Civil Procedure
  2. › Pleadings
  3. › Departure from pleadings
  4. › Whether respondent acquiesced in appellant's departure from pleadings
  5. › Whether trial judge should have made findings on matters not pleaded below

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