NSW Caselaw
New South Wales Supreme Court
CITATION : Garden State Packers v Lancken [2000] NSWSC 139 revised - 31/03/2000 CURRENT JURISDICTION: Common Law Professional Negligence List FILE NUMBER(S) : SC 10002 of 1997 HEARING DATE(S) : 17 November 1999, 14-16 December, 1999, 3 March 2000 JUDGMENT DATE : 10 March 2000
Garden State Packers Pty Limited (Plaintiff) PARTIES : Stephen Lancken, Steve Fuller, Sharon Bowles and Anthony Hatzis trading as Owen Hodge & Sons (Defendants) JUDGMENT OF : Windeyer J at 1
COUNSEL : Mr. N.C. Hutley, SC with him Mr D Pritchard (Plaintiff) Mr. R Darke (Defendants) SOLICITORS : Corrs Chambers Westgarth (Plaintiff) Ebsworth & Ebsworth (Defendant) CATCHWORDS : TORTS - solicitors' negligence and breach of retainer - damages - whether extend to loss of profits - failure of ascertain status of closed road through property - impediment to purpose for which land was purchased - purpose known to solicitors - loss of chance - loss of opportunity to obtain the closed road land at no additional cost and thus the profits - purchase of land would not have proceeded at additional cost - chance percentage assessed at fifty percent Braid v W L Highway & Sons [1964] EG 451 Hawkins v Clayton (1988) 164 CLR 539 CASES CITED : Kienzle v Stringer (1982) 35 OR (2d) 85 Malec v J C Hutton Pty Limited (1990) 169 CLR 638 Sellars v Adelaide Petroleum NL & Ors (1994) 179 CLR 332 Vulic v Bilinsky [1983] 2 NSWLR 472 DECISION : See Paragraph 38
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
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