The Issa v Owens case - what a debacle! Fraud by the owner's son on the mortgage and fraud by the witnessing solicitor on that mortgage, what a mess. This should never have happened. A very good decision to read for all those equity lawyers out there including the court's comments concerning whether there was a competing equitable claim between seller and buyer (determined that there was not) and if there was, which party had the greater claim to the property. The judgement is also very interesting to read where the court references further enquiries the buyer (naturally extending to the buyer's solicitors), could have and should have been made regarding the caveat prior to the settlement, and the different rights to claim compensation for the fraud under the Land Title Act in Qld are discussed at length. Of particular interest is the court's comments at paragraph 329 of the case concerning which basis for compensation the seller should have pleaded, which was not. Proper legal representation in the lead up to an auction, vetting that auction contract beforehand and ensuring a current title search is attached to the auction contract are all essential steps to be taken. Proper and thorough investigations for a buyer as to encumbrances on title such as caveats are absolutely critical to any property transaction. Here is the article that hit the headlines recently: https://amp-abc-net-au.cdn.ampproject.org/c/s/amp.abc.net.au/article/102279932
https://www.youtube.com/watch?v=Xrvvzm9VOc4
The show was designed to give back to the community which Despina did in droves. Her weekly radio show was broadcast on the Gold Coast each Thursday on 104.1FM Gold Coast/Tweed & 103.5FM Northern Rivers and had a substantial following since 2020. Despina talked about various hot topics at local, state and federal level, and answered the questions that ordinary Australians want to hear. And the best part, it was free.
In 2024, due to programming changes within the radio station itself, Despina then moved her radio show to being solely online on her Youtube channel: Despina Priala
Each week she brings another insightful episode of Talking Law for her loyal listeners and the greater Australian community.
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DISCLAIMER: The information discussed within the Talking Law videos is general in nature only and is not intended to be comprehensive, nor does it constitute legal or other advice in anyway, and should not be relied upon as such. The information is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content herein.
Posted By Despina Priala
Despina Priala has practised in property and commercial law on the Gold Coast for over 25 years and has extensive experience in this area.
Updated : 5th May 2023 | Words : 231 | Views : 997
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