NSW Caselaw
New South Wales Supreme Court
CITATION : Dansar Pty Ltd v Pagotto [2008] NSWSC 112
HEARING DATE(S) : 12 and 13 February 2008
JUDGMENT DATE : 20 February 2008
JUDGMENT OF : Harrison J
DECISION : 1. Verdict for the plaintiffs in such sum as is agreed by counsel for the parties having regard to the terms of par [97] of these reasons for judgment. 2. Order the defendants to pay the plaintiffs costs.
CATCHWORDS : NEGLIGENCE - solicitor and client - deemed refusal of plaintiffs' application to local authority to develop land - appeal against refusal to Land and Environment Court - clause 45 of Byron Shire LEP - Council required to be satisfied about prior adequate arrangements for provision of sewerage services to the land - condition precedent to approval - appeal flawed from the outset - plaintiffs never advised of that fact by defendants - further appeal pursuant to s 56A of the Environmental Planning and Assessment Act 1979 against Commissioner's decision - appeal limited the questions of law - decision of Commissioner a question of fact - second appeal flawed from the outset - plaintiffs never advised of that fact by defendants - application to Supreme Court for prerogative relief in respect of Commissioner's original decision - no jurisdiction - proceedings flawed from the outset - plaintiffs never advised of that fact by the defendants - reliance by defendants upon defence of advocates immunity - no circumstances found for immunity to apply - damages -plaintiffs entitled to recover wasted legal costs and expenses of futile proceedings
LEGISLATION CITED : Environmental Planning and Assessment Act 1979
CATEGORY : Principal judgment
Boland v Yates Property Corporation Pty Ltd [1999] HCA 64; (1999) 74 ALJR 209 Codlea v Byron Shire Council [1999] NSWCA 399; 105 LGERA 370 D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1 CASES CITED : Donellan v Watson (1990) 21 NSWLR 335 Giannarelli v Wraith [1088] HCA 52; (1988) 165 CLR 543 Ian McKay v Byron Shire Council [2000] NSWLEC 29 Symonds v Vass [2007] NSWSC 1274 Vaughan v Byron Shire Council [No 2] [2002] NSWLEC 158
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate