GIO Finance Ltd v Windfarm Pty Ltd [2005] NSWLC 4

Local Court of New South Wales

CITATION: GIO Finance Ltd v Windfarm Pty Ltd [2005] NSWLC 4 JURISDICTION: Civil GIO Finance Ltd PARTIES: Windfarm Pty Ltd Defendant Alexa Mia Pty Ltd 1st Third Party Robert Gellert & Benedict Noonan practising as Lang, Gellert & Noonan solicitors 2nd Third Party FILE NUMBER: 8829/99 PLACE OF HEARING: Downing Centre DATE OF DECISION: 05/20/2004 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Negligence - Solicitor's Duty of Care LEGISLATION CITED: CASES CITED: Rogers v Whitaker (1992) 175 CLR 479 REPRESENTATION: J .J Millar T.J Morahan ORDERS:

Judgment

These proceedings have a curious history. They were commenced by GIO Finance Ltd ("GIO") against Windfarm Pty Ltd ("Windfarm") in 1999. Windfarm was the vendor of a newsagency in Coogee and lessor of a photocopier from GIO. Alexa Mia Pty Ltd ("Alexa Mia") was the purchaser of the newsagency business. Alexa Mia was joined as First Third Party by Windfarm. The solicitors which had represented Windfarm in the sale of the business were also joined by Windfarm as Second Third Parties.

On 21 December 2001, I gave judgment for GIO as against Windfarm but found for Windfarm in the Third Party action against Alexa Mia. My reasons for decision were published on that day. Alexa Mia subsequently successfully appealed to the Supreme Court. The action as between Windfarm and the solicitors, however, was adjourned part-heard with liberty to restore. The matter came on for hearing on 29 April 2004 and this decision concerns only that vestigial part of the proceedings. It is necessary, however, to refer to certain parts of my previous judgment and also to the decision of Dowd J in the Supreme Court.