Boyded Industries Pty Ltd v Bluth & Ors [2023] NSWSC 915

Supreme Court New South Wales

Medium Neutral Citation: Boyded Industries Pty Ltd v Bluth & Ors [2023] NSWSC 915 Hearing dates: 17 and 18 July 2023, further submissions 24 and 28 July 2023 Date of orders: 4 August 2023 Decision date: 04 August 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Direct that the parties confer with a view to agreeing upon proposed orders finalising the proceedings in accordance with these reasons (including interest and costs), with agreed orders to be filed and served by 9 August 2023, 5pm. (2) To the extent that agreement cannot be reached, direct that each party is to file and serve, by 9 August 2023, 5 pm, the proposed orders it seeks with submissions explaining the basis for why those orders are sought limited to no more than 2 pages. (3) Direct that any evidence in support of any contested orders be filed and served by 9 August 2023, 5pm. (4) The matter will be listed for further argument, and the entry of further orders, on a date to be fixed. Catchwords: NEGLIGENCE – professional negligence – where solicitor failed to advise client of consequences of lodging a caveat – where solicitor accepts breach – whether the plaintiff lost anything of 'value' by solicitor's negligence NEGLIGENCE – damages – assessment of counterfactual position of client if caveat was not lodged – whether client would have renewed contract with property developer but for solicitor's negligence – assessment and quantification of damages – loss of opportunity Legislation Cited: A New Tax System (Goods and Services Tax) Act 1999 (Cth) Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Law Reform (Miscellaneous Provisions) Act 1965 (NSW) Cases Cited: Alzawy v Coptic Orthodox Church Diocese of Sydney, St Mary and St Merkorious Church (No.2) [2016] NSWSC 1123 B. & G. Properties Pty Limited v Fayad [2021] NSWSC 1382 Boral Bricks Pty Ltd v Cosmidis (No 2) (2014) 86 NSWLR 393; [2014] NSWCA 139 Boyded Industries Pty Ltd v Gateway Parramatta Two Pty Ltd [2020] NSWSC 1368 Cam and Bear Pty Ltd v McGoldrick [2018] NSWCA 110 Chappel v Hart (1998) 195 CLR 232; [1998] HCA 55 Effem Foods Pty Ltd v Lake Cumberline Pty Ltd (1999) 161 ALR 599; [1999] HCA 15 Fayad v B & G Properties Pty Ltd [2022] NSWCA 129 Fink v Fink (1946) 74 CLR 127; [1946] HCA 54 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Gauci v Commissioner of Taxation (Cth) (1975) 135 CLR 81; [1975] HCA 54 Haines v Bendall (1991) 172 CLR 60; [1991] HCA 15 John v Rees [1970] Ch 345 Johnson v Perez (1988) 166 CLR 351; [1988] HCA 64 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 9 Libra Collaroy Pty Ltd v Bhide [2017] NSWCA 196 Mal Owen Consulting Pty Ltd v Ashcroft (2018) 97 NSWLR 1163; [2018] NSWCA 135 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638, 640; [1990] HCA 20 Nikolaou v Papasavas, Phillips & Co (1989) 166 CLR 394; [1989] HCA 11 Origin Energy LPG Pty Ltd v Bestcare Foods Ltd [2012] NSWCA 407 Searle v Commonwealth of Australia (2019) 100 NSWLR 55; [2019] NSWCA 127 Sellars v Adelaide Petroleum NL (1994) 179 CLR 332; [1994] HCA 4 Steinberg v Commissioner of Taxation (Cth) (1975) 134 CLR 640; [1975] HCA 63 Tabet v Gett (2010) 240 CLR 537; [2010] HCA 12 Category: Principal judgment Parties: Boyded Industries Pty Ltd (plaintiff) Dennis Bluth & 274 others named in Schedule 1 t/as HWL Ebsworth Lawyers (defendants) Representation: Counsel: J Giles SC with E Ball (plaintiff) T Faulkner SC with G Marsden (defendants)