Soo v Fisher Cartwright Berriman [2011] NSWCA 33

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Soo v Fisher Cartwright Berriman [2011] NSWCA 33 Hearing dates: 17 November 2010 Decision date: 03 March 2011 Before: Hodgson JA, Young JA, Handley AJA Decision: (1) Cross appeal allowed. (2) Appeal dismissed. (3) Judgment for the plaintiff for $65,184.00 set aside, and in lieu thereof enter judgment for the defendants in the action with costs. (4) The appellant is to pay the respondents' and cross-appellants' costs of the appeal and cross appeal. (5) The appellant is to have a certificate under the Suitors Fund Act in respect of the costs of the cross-appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROFESSIONAL NEGLIGENCE - solicitor - finding that solicitor failed to pass on counter-offer - challenge to fact finding - no question of principle. Legislation Cited: Legal Profession Act 1987 Cases Cited: Fox v Percy [2003] HCA 22, 214 CLR 118 Category: Principal judgment Parties: Brendon Robert Soo - Appellant/Cross Respondent William K Fisher, Berriman Consulting Pty Ltd and Greyridge Holdings Pty Ltd - Respondents/Cross Appellants Representation: Counsel: D Higgs SC and B Shields - Appellant G Curtin SC - Respondents Solicitors: Barwick Legal - Appellant Middletons Lawyers - Respondents File Number(s): CA 2009/40401 Decision under appeal Jurisdiction: 9111 Citation: [2009] NSWSC 665 Date of Decision: 2009-07-29 00:00:00 Before: Smart AJ File Number(s): SC 20058/06