NSW Caselaw
New South Wales Court of Appeal
CITATION : Delaney & Ors. v. Short [2001] NSWCA 138 FILE NUMBER(S) : CA 40129/00 HEARING DATE(S) : 10 April 2001 JUDGMENT DATE : 14 May 2001
PARTIES : P.J. Delaney, P.N. Coumbis, J.P. Rouen, P.T. Hayson, J.S. Currie, G. Miles & J.S. Goldstein - appellants Lesley Lorraine Short - respondent JUDGMENT OF : Heydon JA at 1; Hodgson JA at 2; Davies AJA at 87
LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT CL20465/94 FILE NUMBER(S) : LOWER COURT Adams, J. JUDICIAL OFFICER :
COUNSEL : Mr. D. Grieve QC with Mr. B. Knox for appellants Mr. D. Murr SC with Mr. J. Miller for respondent SOLICITORS : Phillips Fox, Sydney for appellants Rockliffs, Sydney for respondent CATCHWORDS : PROFESSIONS AND TRADES - Lawyers - Negligence - Settlement of wife' s property in Family Law Act proceedings - Assets of husband not disclosed - Claim by wife against her solicitor for not making proper enquiries - Proof that husband had certain assets, and had not accounted for others - Whether husband's failure to account sufficient basis to award damages - Onus of proof. D. DECISION : See paragraph 86 of judgment
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA40129/00 CL20465/94
HEYDON JA HODGSON JA DAVIES AJA Monday 14th May 2001 DELANEY & ORS. V. SHORT JUDGMENT
1 HEYDON, JA: I agree with Hodgson JA. 2 HODGSON, JA: This is an appeal by the defendants from a decision of Adams, J, which resulted in a judgment in favour of the plaintiff on 11th February 2000 in the sum of $979,233.46, representing damages of $420,000.00 plus interest on that sum. The damages were awarded for professional negligence by a solicitor Mr. Goldstein, who was a partner of the other appellants, in connection with Family Court proceedings brought by the respondent against her husband and ancillary matters. 3 No appeal is brought against the finding of liability. The appeal essentially concerns the quantum of damages awarded. There is also a cross-appeal on one matter, to which I will come.
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