Symonds v Vass [2009] NSWCA 139

Appeal Outcome: Special leave dismissed with costs by the High Court, 11 December 2009 s186/2009

New South Wales Court of Appeal

CITATION: Symonds v Vass [2009] NSWCA 139

HEARING DATE(S): 16 March 2009, 17 March 2009

JUDGMENT DATE: 10 July 2009

JUDGMENT OF: Beazley JA at 1; Giles JA at 10; Ipp JA at 47

1. Appeal and cross-appeal allowed. 2. Set aside orders 1 to 8 made by Patten AJ on 13 December 2007. DECISION: 3. Remit the proceedings to the Common Law Division for a new trial on all issues. 4. Costs of the trial before patten AJ to be in the disposal of the judge conducting the new trial. 5. Respondent pay 70 per cent of the appellants' costs on appeal.

CATCHWORDS: CAUSATION - whether respondent's breaches of duties caused the appellants to suffer damage by losing the opportunity of a better outcome - where appellant clients entered into compromise of their claim following breaches of duties by the respondent solicitor. - PROCEDURE - courts and judges generally - judges - adequacy of reasons for judgment - whether trial judge made express findings of primary fact that exposed a specific chain of reasoning - where trial judge recounted in detail large extracts from the evidence and the transcript. - LEGAL PRACTITIONERS - lawyers - duties and liabilities - whether respondent solicitors breached duties owed to the appellant clients in contract and in tort in preparing the appellants' case for trial. - LEGAL PRACTITIONERS - lawyers - other matters - advocate's immunity - application of the test in D'Orta-Ekenaike v Victoria Legal Aid - where appellant clients entered into compromise of their claim following breaches of duties by the respondent solicitor - finality of litigation principle.