McGeoch v Hendriks & Ors [2007] NSWSC 311

Reported Decision : (2007) NSW Conv R 56-181 (2007) ANZ Conv R 361

New South Wales Supreme Court

CITATION : McGeoch v Hendriks & Ors [2007] NSWSC 311 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 26/03/07, 27/03/07

JUDGMENT DATE : 11 April 2007

JUDGMENT OF : Gzell J

DECISION : Plaintiff entitled to damages and costs to be agreed by the parties.

CATCHWORDS : CONTRACTS - General Contractual Principles - Offer and Acceptance - Defendant Solicitor at meeting of plaintiff, mother and brother explained that mother wished to transfer one property to the brother and another property to the plaintiff if he would pay the stamp duty or would devise the property to him by will - Plaintiff elected to take the transfer and pay the stamp duty - Transfer abandoned because of adverse effect on mother's pension - Her will devised the property to the plaintiff -The solicitor did not draw up any agreement between the parties - The mother subsequently altered her will and left the property to the children of the brother - Whether the defendant was in breach of an express retainer, an implied retainer or a duty of care independent of a retainer or guilty of misleading or deceptive conduct

Stamp Duties Act 1920 LEGISLATION CITED : Fair Trading Act 1987 Trade Practices Act 1974 (Cth)

Sharpe v Anderson (1994) 6 BPR 13,801 Stocks & Holdings (Constructors) Pty Ltd v Arrowsmith (1964-1965) NSWR 289 Loftus v Roberts (1902) 18 TLR 532 Blythe v Northwood (2005) 63 NSWLR 531 CASES CITED : Pegrum v Fatharly (1996) 14 WAR 92 Watkins v Da Varda [2003] NSWCA 242 Hawkins v Clayton (1987-1988) 164 CLR 539 Hill v Van Erp (1995-1997) 188 CLR 159 at 187 Talbot & Olivier v Witcombe (2006) 32 WAR 179