Harvest Tabernacle Limited v Colin Jackson and Arnaldo A. Brown

Application to set aside judgment in default-Delay in entering acknowledgement of service-Attorney's error cause of delay-2nd Defendant an attorney-at-law-Relevance of want of candour-Agreement for sale-Undischarged mortgage on the property-Vendor mortgage also granted to Claimant who was the purchaser-Purchase price paid by instalments-Claimant put in possession-Instalments paid to 2nd Defendant as vendor's attorney at law-2nd Defendant disbursed payments to his client the 1st Defendant-Payments were not made to mortgagee who exercised power of sale-The Claimant was legally represented at all material times-Whether 2nd Defendant had duty of care or duty to account to Claimant-Whether 2nd Defendant has defence with real prospect of success.