NSW Caselaw
New South Wales Supreme Court
CITATION : CARR & ANOR v FISCHER & ORS [2004] NSWSC 1079 HEARING DATE(S) : 2nd, 4th, 5th and 6th December 2002; 3rd, 4th and 5th February 2003 JUDGMENT DATE : 16 November 2004
JUDGMENT OF : Levine J DECISION : 1 I enter a verdict and judgment for the defendants; 2 The plaintiffs are to pay the defendants' costs; 3 The exhibits are to be retained for 28 days; in the event that an appeal is lodged in accordance with the Rules of Court, thereafter the exhibits will continue to be retained pending an order of the Court of Appeal or of this Court.
CATCHWORDS : Professional negligence - legal practitioners - terms of retainer - breach - causation - proof of loss - action fails Cadoks Pty Ltd v Wallace Westley & Vigar Pty Ltd [2000] VSC 167 Chappel v Hart (1998) 195 CLR 232 Commonwealth of Australia v Amann Aviation Pty Ltd (1992) 174 CLR 64 Hawkins v Clayton (1988) 164 CLR 539 Hanave Pty Ltd v LFOT Pty Ltd (1999) ATPR 41-687 CASES CITED : Henville v Walker (2001) 206 CLR 459 Kenny & Good Pty Ltd v MGICA (1992) Ltd (1997) 147 ALR 568 Mallesons Stephen Jaques v Trenorth Ltd [1999] 1 VR 727 March v Stramare Pty. Limited (1991) 171 CLR 506 Medlin v The State Government Insurance Commission (1995) 182 CLR 1 Trust Co of Australia v The Perpetual Trustees WA Ltd & Ors (1997) 42 NSWLR 237 PETER JOSEPH CARR (First plaintiff)
BOSTON HOLDINGS PTY LTD ACN 056 658 934 (Second plaintiff)
PARTIES : v
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