NSW Caselaw
New South Wales District Court
CITATION: Wang v Zheng [2010] NSWDC 135
HEARING DATE(S): 8 April 2010 and subsequent supplementary written submissions to 14 May 2010
JUDGMENT DATE: 27 May 2010
JURISDICTION: Civil jurisdiction
JUDGMENT OF: Johnstone DCJ
1. Judgment for the defendant. DECISION: 2. Plaintiff to pay the defendant's costs, on the ordinary basis. 3. Liberty to apply within 14 days for some other costs order.
CATCHWORDS: PROFESSIONAL NEGLIGENCE - claim in contract and tort against a solicitor by a client in respect of a failure to properly advise in connection with a contract for the purchase of an apartment - breach of duty admitted but any actual loss was disputed where the value of the property exceeded the amount paid by way of purchase - alternatively, causation was disputed where plaintiff did not prove she would not have purchased the property if she had been properly advised
LEGISLATION CITED: Civil Liability Act 2002: s 5D(3)
Braid v W L Highway & Sons (1964) 198 E. G. 1091Commonwealth v Amman Aviation Pty Ltd [1991] HCA 54Ford v White [1964] 2 All ER 755Kenny & Good Pty Ltd v MGICA (1992) Ltd (1999) CLR 414 Lahoud v Lahoud [2009] NSWSC 623 CASES CITED: Malec v JC Hutton Pty Ltd [1990] HCA 20 McCrohon v Harith [2010] NSWCA 67 Wardley Australia Ltd v The State of Western Australia (1992) 175 CLR 514
PARTIES: Yonggui Wang (Plaintiff) Denise Zheng trading as Denise Zheng Lawyers (Defendant)
FILE NUMBER(S): 2530/09
COUNSEL: Mr F D Curran (Plaintiff) Ms K Stern (Defendant)
SOLICITORS: Elliotts Lawyers (Plaintiff) Colin Biggers & Paisley (Defendant)
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