Court of Appeal Wellington
24 May; 2 June 1982
Cooke, McMullin and Roper JJ
24 May; 2 June 1982
Cooke, McMullin and Roper JJ
Negligence — Solicitor — Client, co-owner of residential property subject to two mortgages, was unable to sell property due to intransigence of his co-owner — Interest on mortgage allowed to fall into arrears and first mortgagee exercised power of sale — Sale realised sufficient to clear liabilities to first mortgagee — Second mortgagee sued client on personal covenant — Client sought to recover amount paid to second mortgagee from his solicitor alleging professional negligence — At first instance Judge found solicitor negligent and awarded damages — Whether finding of negligence could be upheld.
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