NSW Caselaw
New South Wales Court of Appeal
CITATION: CARR & ANOR v FISCHER & ORS [2006] NSWCA 313
HEARING DATE(S): 10 & 11 August 2006
JUDGMENT DATE: 16 November 2006
JUDGMENT OF: Handley JA at 1; Ipp JA at 2; Bryson JA at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: LEGAL PRACTITIONER - negligence - solicitor - investment advice and investigations into the person with whom the client was dealing - complex factual dispute about whether solicitor was negligent in investigations into the person with whom the client proposed to deal - fact-finding of primary judge considered in detail and affirmed - COURTS and JUDGES - delay in giving judgment 21 months - consideration of significance of delay - reasons showed primary judge had full and clear understanding and retained clear impressions of witness - fact findings affirmed, appeal dismissed.
LEGISLATION CITED: Real Property Act 1900 (NSW) ss.32(6), 59
Citicorp Australia Ltd v O'Brien (1996) 40 NSWLR 398 CASES CITED: Hadid v Redpath (2001) 35 MVR 152 Monie v Commonwealth of Australia [2005] NSWCA 25 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 223 ALR 171
Peter Joseph Carr - 1st Appellant Boston Holdings Pty Ltd - 2nd Appellant Respondents: PARTIES: John Howard Fischer Neil Jamieson John David Watts Geoffrey Mark Roberson John Joseph Cotter
FILE NUMBER(S): CA 41053/2004
COUNSEL: D. McGovern SC & I. Young - Appellants P.H. Greenwood & Ms K. Robertson - Respondents
SOLICITORS: Wight & Strickland - Appellants Colin Biggers & Paisley - Respondents
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