Harvest Tabernacle Limited v Jackson, Colin and Brown, Arnaldo A.

Case Number: 
2018CD00144
Neutral Citation: 
2019] JMCC Comm 22
Date of Delivery: 
26.07.2019

Application to set aside judgment in default – Delay in entering acknowledgement of service – Attorney’s error cause of delay – 2nd Defendant an attorney-at-law-Relevance of want of candour - Agreement for sale- Undischarged mortgage on the property- Vendors mortgage also granted to Claimant who was the purchaser- Purchase price paid by instalments- Claimant put in possession- Instalments paid to 2nd Defendant as vendor’s attorney at law -2nd Defendant disbursed payments to his client the 1st Defendant – Payments were not made to mortgagee who exercised power of sale –The Claimant was legally represented at all material times- Whether 2nd Defendant had duty of care or duty to account to Claimant- Whether 2nd Defendant has defence with real prospect of success.

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