NSW Caselaw
New South Wales Court of Appeal
CITATION : Denis William Dolan v Bruce Vernon Dennis [2001] NSWCA 70 FILE NUMBER(S) : CA 40882/99 HEARING DATE(S) : 14/03/01 JUDGMENT DATE : 3 April 2001
Denis William Dolan & Roma Haley Dolan PARTIES : v Bruce Vernon Dennis t/as Dennis & Company JUDGMENT OF : Mason P at 1; Meagher JA at 2; Powell JA at 22
LOWER COURT JURISDICTION : District Court LOWER COURT 4367/97 FILE NUMBER(S) : LOWER COURT Naughton DCJ JUDICIAL OFFICER :
COUNSEL : Appellant: B Gross QC / T J Boyd Respondent: D Davies SOLICITORS : Appellant: Matthews Williams Solicitors Respondent: Watkins Tapsell Solicitors CATCHWORDS : Professional liability - negligence in sale of tavern - breach of retainer - allegation of bias - appeal dismissed. DECISION : Appeal dismissed with costs.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40882/99
MASON P MEAGHER JA POWELL JA Tuesday, 3 April 2001 DENIS WILLIAM DOLAN AND ANOR v BRUCE VERNON DENNIS
FACTS The respondent acted for the appellants on the sale of a licensed tavern. The appellants alleged negligence against the respondent and sued in tort and contract.
HELD per Meagher JA (Mason P & Powell JA agreeing) (i) There were no breaches of the retainer between the appellants and the respondent.
(ii) The omissions of the respondent about which the appellants complained did not contribute to the appellants' financial loss.
(iii) There was no substance in the appellants' submission that the trial judge was guilty of misconduct and/or perceived bias.
ORDERS Appeal dismissed with costs.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
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