Projects - Litigation Support

Project Coast

Expert witness

Summary

  • North QLD
  • Residential Development $50m FUM
  • Expert for Court
  • Value – AU$20m

Issues

  • Development was sold by Receiver at a price significantly below valuation
  • Lender incurred a significant loss
  • Lender sued Quantity Surveyor for negligence following the sale of property
  • Retained by Quantity Surveyor’s PI insurer for expert witness report

Solution

  • Report prepared on did the lender comply with its own policies and meet responsible lending standards as well as were there deficiencies in the lender’s management of the loan
  • The Lender’s due diligence on pre-sales was poor and the management of the account was deficient in many areas
  • Pre-sales due diligence was inadequate
  • Progress payments were paid to the developer

Outcome

  • Matter settled two days into the Court hearing

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