Schrader v Davidson [2008] NSWDC 61

New South Wales District Court

CITATION: Schrader v Davidson [2008] NSWDC 61

HEARING DATE(S): 6 and 7 February 2008

JUDGMENT DATE: 5 March 2008

JURISDICTION: District Court Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ at 1

DECISION: Judgment for the defendant with costs on the ordinary basis

CATCHWORDS: PROFESSIONAL NEGLIGENCE - a negligent solicitor who was required to pay damages to a client sought contribution from a barrister to whom he had delivered a brief, for failing to alert the solicitor to his mistake - the barrister had not read the brief, and had only skimmed the less than expansive Observations, prior to concluding a formal retainer - a duty of care can arise as between a barrister and a solicitor's client even in the absence of a formal retainer where there is a sufficient relationship of proximity and a sufficient foreseeability of loss - in this case no duty of care had arisen, and even if it had, there was no breach by the barrister

LEGISLATION CITED: Workers Compensation Act 1987 (NSW): s 151C

CASES CITED: Curnuck v Nitschke [2001] 176 at [8] - [11] and [58] - [59]. Sydney Ports Corporation v Collins [2003] NSWCA 28

PARTIES: Geoff Schrader t/as Schraders Lawyers (Plaintiff) John Davidson

FILE NUMBER(S): 5450/06

COUNSEL: Mr D Davies SC (Plaintiff) Mr R Seton SC (Defendant)

SOLICITORS: Yeldham Price O'Brien Lusk (Plaintiff) McCabe Terrill (Defendant)

JUDGMENT

Introduction 1. Mr Schrader is the principal of a firm of solicitors which negligently mishandled the work injury damages claim of a client and had to pay out $188,500.00. Contribution for that loss is now sought from the barrister to whom his firm sent a brief. Although the barrister had not formally accepted the brief, or read it, he had cast a cursory glance over the Observations. It was alleged that the barrister should have alerted the solicitors to the mistake that led to the client's loss.