A common error

When I first studied contracts, I was constantly tripped up by the way that the textbooks and the cases adopted the terms “promisor” and “promisee,” as in, for instance, “consideration must flow from the promisee.”

I am now acclimatized to that, though occasionally I have to think about it just a little.  Promisees are the parties who (subject to some exceptions) seek to secure the benefit of a promise which a promisor made to them.

Yesterday, I was in a court on level 8 of the Supreme Court, and I passed a court room absolutely packed with lawyers and presided over by the Chief Judge in Equity, Justice Young.  This man was in the witness box, and yes, he did have a rather gravelly voice:

alex vella

He is Tony Vella, a bikie leader and property owner who is suing various banks which took mortgages which were given to them as a result of transactions which Vella says were fraudulently procured by a former friend of his, one Mr Caradona. An account of the case in the Sydney Morning Herald is here. It includes the following paragraph (emphasis added):

The money is gone and Mr Caradonna is now bankrupt. Mr Vella is suing the bank that paid the money, some of those who received some of it from Mr Caradonna, and the mortgagors who want to sell Mr Vella’s properties in Enmore, Mangrove Mountain and Leppington to recoup theirs.

For mortgagors (people who mortgage their property to someone: gage as in pledge) read mortgagees.

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