Harith & Kanuth v McCrohon & 2 Ors [2009] NSWSC 111

New South Wales Supreme Court

CITATION : Harith & Kanuth v McCrohon & 2 Ors [2009] NSWSC 111

HEARING DATE(S) : 7-10 October 2008

JUDGMENT DATE : 5 March 2009

JUDGMENT OF : Smart AJ at 1

DECISION : See paras 185-186

CATCHWORDS : Initial action by plaintiffs against Beale in Queensland to recover land in Queensland held on trust - Action Against Solicitors in contract, tort and for breach of fiduciary duties as to conduct of action against Beale - Solicitor altering terms of counsel's engagement in action against Beale 2 days before hearing in Mackay, Queensland by declining to be responsible for payment of counsel's fees as plaintiffs had not provided funds - Solicitor failing to give reasonable notice and not previously disclosing fee problems to counsel - withdrawal of counsel - plaintiffs forced to apply for and granted an adjournment - Adverse costs order made against plaintiffs resulting in their being liable to pay $250,000 to Beale for his costs - Defendants disclosing not admitted in Queensland but failing to advise fully of costs consequences of them acting for plaintiffs instead of Queensland solicitors who are less expensive - Assessment of Damages - Amounts recoverable by plaintiffs against solicitors - plaintiffs ultimately successful in recovering property subject to amounts payable to plaintiffs. Party/party costs of plaintiffs to be assessed on basis Mackay solicitors retained and on task not time charging.

LEGISLATION CITED : Civil Liability Act 2002 (NSW)

CATEGORY : Principal judgment

CASES CITED : Hoby v Built (1832) 3 B & AD 350 Heslop v Cousins [2007] 3 NZLR 679

TEXTS CITED : Jackson v Powell on Professional Negligence 1992 at para 384

PARTIES : Paul Antoni Harith and Eizabeth Gay Kanuth