NSW Caselaw
New South Wales Supreme Court
CITATION : Down to Earth Spring Water Pty Limited & Ors v Nikolaidis [2005] NSWSC 272
HEARING DATE(S) : 14, 15, 16, 17, 18, 21, 22, 23, 24, 29 and 30 March
JUDGMENT DATE : 29 April 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Master Malpass at 1
DECISION : Reasons published; further submissions and/or short minutes; exhibits may be returned.
CATCHWORDS : Solicitors discontinue part heard proceedings in 1992 without instructions to do so - breach of retainer and duty of care - notional 1992 trial held in 2005 - prospects of success and/or of compromise - prospects of obtaining costs orders.
Felleti v Kontoulas [2000] NSWCA 59 Johnson v Perez (1988) 166 CLR 351 CASES CITED : Kitchen v Royal Air Force Association [1958] 1 WLR 563 Phillips v Bisley (BC9700720, unreported, NSWCA 18.3.97) Sellars v Adelaide Petroleum NL (1994) 179 CLR 332
Down to Earth Spring Water Pty Limited (First Plaintiff) Nilbrook Pty Limited (Second Plaintiff) PARTIES : Four MJ Pty Limited (Third Plaintiff) Doreen Philomene Nikolaidis in her capacity as the Executrix of the Estate of the late Mitrofanis Demetrius Nikolaidis and Leon Nikolaidis trading as M D Nikolaidis & Co (Defendants)
FILE NUMBER(S) : SC 20928 of 1997
Mr T Alexis SC & Ms C Champion (Plaintiffs) COUNSEL : Mr P M Wood and Mr M Jones (Defendants)
Hazan Hollander (Plaintiffs) SOLICITORS : Henry Davis York (Defendants)
LOWER COURT JURISDICTION :
- 37 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Master Malpass
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