When Mortgage Fraud Meets Negligent Solicitors: Illegality Revisited
 2 Conveyancer and Property Lawyer 230
6 Pages Posted: 7 Apr 2021 Last revised: 16 Jun 2021
Date Written: March 31, 2021
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: Suggested Citation