BHCP Pty Ltd (ATF BHCP Trust) v Reliable Constructions (Australia) Pty Ltd ACN 137 300 219 & Ors [2020] NSWDC 414

District Court New South Wales

Medium Neutral Citation: BHCP Pty Ltd (ATF BHCP Trust) v Reliable Constructions (Australia) Pty Ltd ACN 137 300 219 & Ors [2020] NSWDC 414 Hearing dates: 9 – 11 June 2020; 6 July 2020 Date of orders: 6 August 2020 Decision date: 06 August 2020 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) Judgment and verdict for the 3rd to 6th cross-defendants against the cross-claimants; (2) That any party wishing to be heard on the question of costs notify my associate of that fact on or before 4pm on Tuesday 11 August 2020 ("Notification"). (3) That in the event of Notification, the notifying party shall file and serve any evidence and submissions on the question of costs on or before 4:00pm on 13 August 2020. (4) That the non-notifying party file and serve any evidence and submissions which it wishes to make on the questions of costs on or before 4:00pm on 17 August 2020. (5) That the filing of the documents referred to in orders (2) to (4) be effected by way of email transmission to my associate. (6) That any question as to costs so raised be decided on the papers. (7) That in the absence of Notification the cross-claimants pay the 3rd to 6th cross-defendants' costs. Catchwords: TORTS – Professional Negligence – cross-claim concerning the provision of legal advice regarding documents relevant to a loan agreement – whether there was breach of the solicitor's retainer – the nature and extent of the solicitor's retainer – whether that retainer was carried out with reasonable care and skill – objective facts and inherent probabilities of what occurred at the conference – inherent unlikelihood of neglect of the solicitor's obligations to the cross-claimants as to effectively provide the cross-claimants with no advice – allegations not made out to the Briginshaw standard Legislation Cited: Oaths Act 1900 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] 60 CLR 336 Citicorp Australia Ltd v O'Brien (1996) 40 NSWLR 398 Davy v Davy [2009] NSWCA 8 Fox v Percy (2003) 214 CLR 118 MB v Protective Commissioner [2000] NSWSC 718 Neat Holdings Pty Limited v Karajan Holdings Pty Limited (1992) ALJR 170 Polkinghorne v Holland [1934] 51 CLR 143 Provident Capital Ltd v Papa [2013] NSWCA 36 Rowling v Takaro Properties (1988) 2 WLR 418 Societe d'Avances Commerciales v Merchants' Marine Insurance Co (1924) 20 LI.L. Rep. 140 State Rail Authority of NSW v Earthline Construction Pty Limited (1999) 160 ALR 578 Studer v Boettcher [2000] NSWCA 263 Unity Insurance Brokers Pty Ltd v Rocco Pezzano Pty Ltd (1998) 192 CLR 603 Category: Principal judgment Parties: Reliable Constructions (Australia) Pty Ltd (1st Cross-Claimant) Mr R. Coxon (2nd Cross-Claimant) Mrs A. Coxon (3rd Cross-Claimant) Mr D. Pannowitz (3rd Cross-Defendant) Mr P. Quinn (4th Cross-Defendant) Mr P. Tonkin (5th Cross-Defendant) Mr L. Pawlak (6th Cross-Defendant) Representation: Counsel: Mr R. Gration (Cross-Claimants) Mr M. Karam (Cross-Defendants) Solicitors: WMD Law (Cross-Claimants) GC Legal (Cross-Defendants) File Number(s): 2017/371107 Publication restriction: None