Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Devon v Madgwicks (A Firm) [2016] FCA 875 File number: VID 436 of 2015
Judge: DAVIES J
Date of judgment: 4 August 2016
Catchwords: PRACTICE AND PROCEDURE – res judicata – liability for legal fees –previous adjudication as to liability in Magistrates' Court – dispute as to identity of client – res judicata established PRACTICE AND PROCEDURE – Anshun estoppel – liability for legal fees – previous adjudication as to liability in Magistrates' Court – further allegations of unconscionable conduct and misleading and deceptive conduct – whether unreasonable not to have raised such allegations in previous action – Anshun estoppel established CONTRACTS – services relating to sale of franchise business – whether solicitors breached contract with client – whether franchise agent breached contract with client – no breach established – no causation established CONTRACTS – identity of parties to contract – liability of agent's representatives – Estate Agents Act 1980 (Vic) s 13A – assignment – whether terms of assignment included right to sue for breach of agency agreement TORTS – services relating to sale of franchise business – whether solicitors breached duty to client – whether franchise agent breached duty to client – whether materialisation of inherent risk – Wrongs Act 1958 (Vic) s 55 provides complete defence – no causation established
Legislation: Estate Agents Act 1980 (Vic) ss 4, 13A, 59 Wrongs Act 1958 (Vic) ss 43, 44, 55
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