Baiyai Pty Limited v Daniel Pogson [2007] NSWDC 167

New South Wales District Court

CITATION: Baiyai Pty Limited v Daniel Pogson [2007] NSWDC 167

HEARING DATE(S): 19/3/07 - 22/3/07, 26/3/07, 27/3/07, 29/3/07

JUDGMENT DATE: 8 August 2007

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: 1 Judgment in favour of the First Plaintiff against the Third Defendant in the amount of $147,444 ; 2 Judgment in favour of the Second Plaintiff against the Third Defendant in the amount of $1.

CATCHWORDS: Professional negligence action against solicitor - Matters arising out of solicitor acting for both Vendor and Purchaser in property conveyancing transaction - Failure to properly warn plaintiff of associated dangers - Failure to ensure plaintiff was fully apprised of terms of contract before entering into it - Failing to ensure, before contracts were exchanged, that plaintiff was in a position to discharge mortgage on settlement - Failure to explain loan agreement - Obligation to ensure plaintiff was protected at settlement when title deeds were handed over and balance of purchase price was outstanding - Causation - Duty to mitigate - Consideration of valuation evidence

Heydon v NRMA Limited (2000) 51 NSWLR 1 Rogers v Whitaker (1992) 175 CLR 479 CASES CITED: Hawkins v Clayton (1988) 164 CLR 539 Beach Petroleum NL v Kennedy (1999) 48 NSW LR 1 Clark Boyce v Mouat (1994) 1 AC 428 Citicorp Australia Limited v O'Brien (1996) 40 NSWLR 398

Baiyai Pty Limited (1st Plaintiff) Lyndell Joy Humphrey (2nd Plaintiff) PARTIES: Daniel Pogson (1st Defendant) Rosalie Pogson (2nd Defendant) Gregory Guy (3rd Defendant)

FILE NUMBER(S): 2004/05