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Sender:
Benedict White
Date:
Wed, 27 Mar 2002 17:14:13
Re:
Sanwa Australia Finance Ltd v Finchill Pty Ltd [2001] NSWCA 466

 

I am having some difficulty in seeing how Finch can be penalised here for misguided conduct whereas Leech in the previously mentioned case seems to have got off scot free.

In both cases a lender made clear his intent what the money was for, and in both the party who handed over the money wrongfully should have known better. In particular the solicitor Leech who knew there was a trust relationship involved.

I think both Finch and Leech share the same amount of liability.

 

Kind regards

Benedict White


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