Cassis & Anor v Kalfus [2003] NSWSC 649

New South Wales Supreme Court

CITATION : Cassis & Anor v Kalfus [2003] NSWSC 649 HEARING DATE(S) : 23, 24, 25, 26, 27 June 2003 JUDGMENT DATE : 25 July 2003

JUDGMENT OF : Cripps AJ DECISION : (1) As between the first-named plaintiff and the defendant there will be a verdict for the defendant; (2) As between the second-named plaintiff and the defendant there will be a verdict for the second-named plainitff in an amount of $18,000 together with interest calculated from June 1995 to the date of judgment; (3) The parties are to file short minutes to give effect to this conclusion; (4) The first-named plaintiff is to pay the defendant's costs of so much of the proceedings as is referable to the claim made by the first-named plaintiff to the defendant; (5) The defendant is to pay so much of the costs of the second-named plaintiff as is relevant to her claim.

CATCHWORDS : Commercial transaction - one party a solicitor - negligence - breach of fiduciary duty - s 23 of the Limitation Act 1987. Beach Petroleum v Kennedy (1999) 48 NSWLR 1; CASES CITED : Cassis & Anor. v. Kalfus [2001] NSWCA 460; Marcolongo v Manattrussi [2000] NSWSC 834; Sheinkoph v Stone 927 F 2d 1259 (1991). Sami Alfred Cassis - First Plaintiff PARTIES : Gisele Cassis - Second Plaintiff Marcel Isador Kalfus - Defendant FILE NUMBER(S) : SC 020589/96 COUNSEL : P Roberts SC & M K Minehan - Plaintiffs G Lindsay SC & A R Ridley - Defendant SOLICITORS : Selby Levitt - Plaintiffs Mallesons Stephen Jaques - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION