Independent legal advice given to borrower’s attorney

A good part of my practice until a mediator did the impossible and settled the case recently was taken up with two related multi-party disputes in the Supreme Court about a commercial property in Sydney Road.  Two lenders sued my client and in one case his brother for possession and for repayment of a loan.  They pleaded non est factum, and that was their defence.  The brother was allegedly bound to the transaction by the execution of his attorney.  Only problem was, his signature on the power was forged and his nephew had been induced to accept the power by fraud. Continue reading “Independent legal advice given to borrower’s attorney”