Lee v. Brand & Anor. [2003] NSWCA 198

New South Wales Court of Appeal

CITATION : Lee v. Brand & Anor. [2003] NSWCA 198 revised - 28/07/2003 HEARING DATE(S) : 3 July 2003 JUDGMENT DATE : 24 July 2003

JUDGMENT OF : Sheller JA at 1; Hodgson JA at 2; Tobias JA at 78 DECISION : 1. Mr. Lee's appeal against Mr. Brand allowed with costs. 2. Mr. Brand to have Suitors Fund certificate if otherwise entitled. 3. Mr. Brand's orders against Mr. Lee set aside, and in lieu thereof Mr. Brand's cross-claim against Mr. Lee dismissed, and Mr. Brand to pay so much of Mr. Lee's costs of the proceedings as are not referable purely to Mr. Sahota's claim against Mr. Lee. 4. Mr. Brand's cross-appeal dismissed with costs. 5. Mr. Lee's appeal against Mr. Sahota allowed to the extent of substituting for the quantified damages a judgment for damages to be assessed, and matter returned to the District Court for that assessment. 6. Each party to that appeal to bear its own costs; and Mr. Sahota to have a Suitors Fund certificate if otherwise entitled. 7. Mr. Lee to pay so much of Mr. Sahota's costs of the proceedings as are not recovered from Mr. Brand. 8. Mr. Lee's application to put on a cross-claim dismissed with costs.

CATCHWORDS : LEGAL PROFESSION - Solicitors - Solicitor acting for lender - Whether also acting for guarantor - DAMAGES - Lender recovers judgment against guarantor - Lender also sues solicitor - Whether damages suffered - When and how damages against solicitor assessed. CASES CITED : Baldry v. Jackson [1976] 2 NSWLR 415 Hill v. Van Erp (1997) 188 CLR 159 Alexander Lee - appellant PARTIES : Robert John Brand - first respondent Narinder Singh Sahota - second respondent FILE NUMBER(S) : CA 41060/02 Mr. D. Davies SC with Andrew Colefax for the appellant COUNSEL : Mr. D.E. Baram for the first respondent Mr. A.G. Melick SC for second respondent Phillips Fox for appellant SOLICITORS : Kosmin & Associates, Double Bay for first respondent Helliars, Parramatta for second respondent