When Mortgage Fraud Meets Negligent Solicitors: Illegality Revisited

6 Pages Posted: 7 Apr 2021 Last revised: 16 Jun 2021

Date Written: March 31, 2021

Abstract

Comments on Stoffel and Co v Grondona (SC), clarifying the application of the three considerations outlined in Patel v Mirza (SC) to the illegality defence, and an appellate court's role on review, in a claim based on a failure to register documents relating to a land transaction which was allegedly tainted by mortgage fraud. Notes the potential continuing relevance of reliance to the issue of centrality, as part of the proportionality analysis.

Keywords: illegality defence, mortgage fraud, professional negligence, Patel v Mirza

Suggested Citation

Sin, Ivan, When Mortgage Fraud Meets Negligent Solicitors: Illegality Revisited (March 31, 2021). [2021] 2 Conveyancer and Property Lawyer 230 , City University of Hong Kong School of Law Legal Studies Research Paper No. Forthcoming, Available at SSRN: https://ssrn.com/abstract=3816815 or http://dx.doi.org/10.2139/ssrn.3816815

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