NSW Caselaw
New South Wales Court of Appeal
CITATION: Kekatos v Sanson & Ano [2009] NSWCA 171
HEARING DATE(S): 19/03/2009
JUDGMENT DATE: 2 July 2009
JUDGMENT OF: Tobias JA at 1; McColl JA at 2; Handley AJA at 3
(1) Appeal allowed with costs. DECISION: (2) Judgment of the District Court set aside, and in lieu thereof substitute judgment for the first defendant in the action with costs. (3) The respondents are to have a certificate under the Suitors Fund Act.
CATCHWORDS: TORTS - negligence – duty of solicitor – to exercise reasonable care – no duty to ensure particular result. - SOLICITOR – negligence – duty to exercise reasonable care – no duty to ensure particular result.
CASES CITED: Roads and Traffic Authority of New South Wales v Dederer [2007] HCA 42
PARTIES: Kekatos t/asKekatos Lawyers - Appellant Ruthelise Jay Sansom & anor - Respondent
FILE NUMBER(S): CA 40153/2008
COUNSEL: N C Hutley SC and M C L Dicker - Appellant J Gormley SC and M Galvin - Respondent
SOLICITORS: Connery Partners - Appellant Reimer Winter Williamson - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC3934/2005
LOWER COURT JUDICIAL OFFICER: Truss DCJ
LOWER COURT DATE OF DECISION: 12/05/2008
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40153/08
TOBIAS JA MCCOLL JA HANDLEY AJA
THURSDAY 2 JULY 2009 JIM KEKATOS T/as J KEKATOS LAWYERS v RUTHELISE JAY SANSOM & ANOR CATCHWORDS
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