Donna Maria Batiste v Icle Finance Corp Ltd

In the matter of *Donna Maria Batiste v Icle Finance Corp Ltd*, the New South Wales Court of Appeal considered a dispute between the applicant, Donna Maria Batiste, and the respondent, Icle Finance Corp Ltd.

The central legal issue before the Court of Appeal was whether the respondent had breached its duty of care to the applicant by failing to ensure that the applicant received independent legal advice before she executed a mortgage over her property. The Court was required to determine the extent of a financier's obligations in such circumstances, particularly where the borrower was experiencing financial difficulties and the property was the subject of a family law dispute.

The Court of Appeal found that Icle Finance Corp Ltd had not breached its duty of care. It reasoned that while a financier may have a duty to ensure a borrower receives independent legal advice, this duty is not absolute and is generally discharged if the financier takes reasonable steps to encourage the borrower to obtain such advice. In this instance, the Court was satisfied that Icle Finance Corp Ltd had made reasonable inquiries and had advised Ms Batiste to seek independent legal advice, which she had declined to do. The Court applied principles relating to the duty of care owed by lenders to borrowers, particularly in circumstances where the borrower is vulnerable or under duress.

The appeal was dismissed.