Tapp v Gray [2011] NSWSC 44

Supreme Court New South Wales

Medium Neutral Citation: Tapp v Gray [2011] NSWSC 44 Hearing dates: 7 February 2011 Decision date: 07 February 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The Court enters judgment that the defendant is to pay damages to the second plaintiff in the sum of $290,845.50. The Court orders that: (2) The defendant is to pay to the second plaintiff interest up to judgment pursuant to s 100 of the Civil Procedure Act 2005, on the award of damages in the amount of $298,282.31. (3) The defendant is to pay the plaintiffs' costs of these proceedings. Catchwords: DAMAGES - torts - negligence - lawyer - loss of opportunity - assessment of damages Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Limitation Act 1969 Cases Cited: Nikolaou v Papasavas, Philips & Co (No 2) (1989) 166 CLR 394 Tabet v Gett (2010) 240 CLR 537 Tapp v Official Trustee in Bankruptcy [2009] FMCA 1264 Category: Principal judgment Parties: Peter Haynes Tapp - First Plaintiff Neville Keith Tapp - Second Plaintiff Roger Winchester Gray - Defendant Representation: Counsel: N Furlan - Plaintiffs Solicitors: Mason Lawyers - Plaintiffs File Number(s): 2010/18464

Judgment 1HER HONOUR: This is an assessment of damages arising from the negligence of a solicitor who was retained by Messers Tapp to give advice in relation to joint venture agreements. By notice of motion filed 10 November 2010, pursuant to Rule 16.7 of the Uniform Civil Procedure Rules 2005, the plaintiffs, Peter Haynes Tapp and Neville Keith Tapp, seek the assessment of damages as against the defendant, Roger Winchester Gray. The defendant was advised of the hearing date but elected not to attend court because he had neither the financial resources or the wherewithal to be involved in these proceedings.