TALUJA v ARDINO [2001] NSWSC 566

New South Wales Supreme Court

CITATION : TALUJA v ARDINO [2001] NSWSC 566 FILE NUMBER(S) : SC 11450/94 HEARING DATE(S) : 18-22 June 2001 JUDGMENT DATE : 6 July 2001

PARTIES : Nirmal Taluja (Plaintiff) Rocco Michael Ardino (Defendant) JUDGMENT OF : Newman AJ at 1

COUNSEL : B. DeBuse (Plaintiff) R. Weber (Defendant) SOLICITORS : Nicholas Vasta and Co (Plaintiff) Pricewaterhouse Coopers Legal (Defendant) CATCHWORDS : Negligence - Solicitor and Client - Contract for the Sale of Land - Credibility of Witness - s149 Certificate - Warranties - right to Rescind Contract - Conveyancing (Vendor Disclosure and Warranty) Regulation 1986, cl 5 LEGISLATION CITED : Conveyancing (Vendor Disclosure and Warranty) Regulation 1986 CASES CITED : Copmar Holdings Pty Ltd v Commonwealth (1989) NSW ConvR 55-451 Korbol Holdings Pty Ltd v Johnson & Anor (1987) NSW ConvR 55-337 DECISION : Verdict for the defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

NEWMAN AJ

Friday, 6 July 2001 11450/94 - Nirmal TALUJA v Rocco Michael ARDINO JUDGMENT

1 HIS HONOUR: This is a claim for professional negligence brought by a former client against her solicitor.

2 The action arises out of a conveyancing transaction involving land near Wallacia in New South Wales known as 27 Greendale Road. There was no dispute in the matter that the defendant acted for the plaintiff as her solicitor in the transaction. Again, there was no dispute that a contract for the subject land was exchanged on 31st March 1989 and that the conveyance was completed some six months later with the Plaintiff paying the purchase price of $390,000 and stamp duty of $13,041.51. The plaintiff is still the owner in fee simple of the subject property.