Liprini v Hale [2020] NSWCA 130

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Liprini v Hale [2020] NSWCA 130 Hearing dates: 6 March 2020 Date of orders: 3 July 2020 Decision date: 03 July 2020 Before: Macfarlan JA at [1]; McCallum JA at [116]; Emmett AJA at [143] Decision: Appeal dismissed with costs. Catchwords: NEGLIGENCE – breach of duty – Civil Liability Act, s 5B – whether failure of solicitors to commence proceedings for Family Provision Act provision against estate prior to mediation constituted breach – whether there was a relevant risk of harm NEGLIGENCE – causation – whether a readily enforceable settlement was reached at mediation – whether there was a realistic chance that the appellant would have recovered the full settlement sum but for the negligence – relevance of actions of a third party NEGLIGENCE – damages – loss of commercial opportunity contract claim – prospects of appellant recovering the full settlement sum NEGLIGENCE – defence of proportionate liability – Civil Liability Act, s 35 – concurrent wrongdoers – whether the loss sued for was a different loss to that caused by the alleged wrongdoer NEGLIGENCE – advocate's immunity – whether alleged breach was intimately connected with the resolution of the proceedings by court decision – whether consent orders entered by registrar in Family Provision Act proceedings involved the exercise of an independent discretion Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Family Provision Act 1982 (NSW) Probate and Administration Act 1898 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420; [2009] HCA 48 Attwells v Jackson Lalic Lawyers Pty Ltd (2016) 259 CLR 1; [2016] HCA 16 Badenach v Calvert (2016) 257 CLR 440; [2016] HCA 18 Bartlett v Coomber [2008] NSWCA 100 Hunt & Hunt Lawyers (a firm) v Mitchell Morgan Nominees Pty Ltd (2013) 247 CLR 613; [2013] HCA 10 Mal Owen Consulting Pty Ltd v Ashcroft (2018) 97 NSWLR 1163; [2018] NSWCA 135 McKenna v Hunter & New England Local Health District (2013) Aust Torts Reports 82-158; [2013] NSWCA 476 Perisher Blue Pty Ltd v Nair-Smith (2015) 90 NSWLR 1; [2015] NSWCA 90 Roads and Traffic Authority of NSW v Dederer (2007) 234 CLR 330; [2007] HCA 42 Sellars v Adelaide Petroleum NL (1994) 179 CLR 332; [1994] HCA 4 Trajkovski v Simpson [2019] NSWCA 52 Category: Principal judgment Parties: Kevin James Liprini (Appellant) Sandra Neryl Hale (First Respondent) John Eric McIntyre (Second Respondent) Jeffrey Edmond O'Brien (Third Respondent) Danny Kenneth Simpson (Fourth Respondent) Michael John Sommerville (Fifth Respondent) Representation: Counsel: D A Lloyd / L Beange (Appellant) A Zahra (Respondents)