Cachia v Grech [2008] NSWDC 288

New South Wales District Court

CITATION: Cachia v Grech [2008] NSWDC 288

HEARING DATE(S): 05/12/2008

JUDGMENT DATE: 9 December 2008

JURISDICTION: Civil

JUDGMENT OF: Murrell SC DCJ at 33

DECISION: Decision of the Consumer Trader and Tenancy Tribunal affirmed.

CATCHWORDS: TRADE AND COMMERCE - Consumer Trader and Tenancy Tribunal decision - APPEAL AND NEW TRIAL - appeal on a question decided "with respect to a matter of law"- CLAIM AGAINST FORMER SOLICITORS - termination of retainer -

Consumer Claims Act 1998 Consumer Trader and Tenancy Tribunal Act 2001 LEGISLATION CITED: Legal Profession Act 2004 Solicitors Rules Uniform Civil Procedure Rules

Bechara v Atie [2005] NSWCA 268. CASES CITED: Kalokerinos v HIA Insurance Services Pty Ltd [2004] NSWCA 312 Ormes v Louis [2006] NSWSC 659

PARTIES: Laurence Cachia (Plaintiff) Henry Grech t/as Grech Partners Solicitors (Defendant)

FILE NUMBER(S): 04319/08

COUNSEL: S Dawson (for the defendant)

SOLICITORS: R Everingham (for the defendant) Plaintiff self-represented

JUDGMENT

1. Mr Cachia appealed against a decision of the Consumer Trader and Tenancy Tribunal (CTTT) dismissing a claim against his former solicitors.

Background Proceedings

2. Mr Cachia leased premises through a real estate agent. The tenant damaged the premises. Mr Cachia instructed Grech Partners, solicitors, to bring Local Court proceedings against the agent. Mr Cachia had not wanted a self-employed tenant. He claimed that the agent had failed to provide proper information regarding the employment status of the tenant.