Lindsay-Owen v HWL Ebsworth Lawyers (No 2) [2024] NSWSC 541

Supreme Court New South Wales

Medium Neutral Citation: Lindsay-Owen v HWL Ebsworth Lawyers (No 2) [2024] NSWSC 541 Hearing dates: 30 November and 1 December 2023 Date of orders: 10 May 2024 Decision date: 10 May 2024 Jurisdiction: Common Law Before: Harrison CJ at CL Decision: See [205] Catchwords: NEGLIGENCE – professional negligence – solicitors advising on large-scale property development – failure to include key clause in joint venture agreement NEGLIGENCE – causation – loss of chance – alleged loss of chance to amend joint venture agreement to include clause – alleged loss of chance to consummate joint venture with alternative partner NEGLIGENCE – damages – ascertainment of quantum – loss from inability to develop land in accordance with desired joint venture agreement – land still not fully developed – forecasting how hypothetical development would have proceeded EVIDENCE – opinion evidence – forecasting hypothetical property development outcomes Legislation Cited: Civil Liability Act 2002 (NSW), s 5E Cases Cited: About Life Pty Ltd v Maddocks Lawyers [2021] NSWSC 1370 Berry & Anor v CCL Secure Pty Ltd (2021) 271 CLR 151; [2020] HCA 27 E Co [a pseudonym] v Q [a pseudonym] (No 4) [2019] NSWSC 429 Hurtle v Laceys (A firm) [1999] Lloyd's Rep. P.N. 315 Lindsay-Owen v HWL Ebsworth Lawyers [2023] NSWSC 68 Ministry of Defence v Wheeler [1998] 1 All ER 790; [1998] 1 WLR 637 Sellars v Adelaide Petroleum (1994) 179 CLR 332; [1994] HCA 4 Walker v Citigroup Global Markets Pty Ltd (2005) 226 ALR 114; [2005] FCA 1678 Category: Principal judgment Parties: Gregory Hamilton Willoughby Lindsay-Owen (First Plaintiff) Dairycorp Pty Limited (Second Plaintiff) Martin Downing & Ors Trading as HWL Ebsworth Lawyers (First to One Hundred and Sixth Defendants) Representation: Counsel: T Alexis SC with P Afshar (Plaintiffs) T Faulkner SC with C Bannan (Defendants)