Jeandin v Tzovaras [2011] NSWSC 1254

Supreme Court New South Wales

Medium Neutral Citation: Jeandin v Tzovaras [2011] NSWSC 1254 Hearing dates: 04/10/2011 and 05/10/2011 Decision date: 04 November 2011 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Judgment for plaintiff against first and second defendants for $1,890,575.31 including interest. Judgment for plaintiff against third defendant for $1,500,000.00 with interest to be assessed. Plaintiff to have charge over LawCover policy. Defendants to pay plaintiff's costs. Catchwords: CONTRACT - formation - whether oral retainer for provision of legal services - DUTY OF CARE - duty of solicitor to client in contract, at common law and as fiduciary - breach of duty - conflict of interest - failure to advise - DAMAGES - causation - whether, but for the failure to advise, plaintiff would have made unsecured financial investment. Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Cases Cited: Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420 Beach Petroleum NL v Kennedy (1999) 48 NSWLR 1 Carr trading as Forshaws Neill v Swart [2007] NSWCA 337 Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523 Hendriks v McGeoch [2008] NSWCA 53 Solicitors' Liability Committee v Gray (1997) 77 FCR 1 Category: Principal judgment Parties: Jean-Pierre Louis Paul Jeandin (Plaintiff) Ted Dorotheos Tzovaras (First Defendant) George Tzovaras (Second Defendant) Tzovaras Legal Pty Limited (ACN 092 725 829) (Third Defendant) LawCover Insurance Pty Limited (ACN 095 082 509) (Fourth Defendant) Representation: Counsel: RJH Darke SC / M J Dawson (Plaintiff) G Curtin SC / P W Arblaster (Fourth Defendant) Solicitors: Argyle Lawyers (Plaintiff) No appearance (First, Second and Third Defendants) HWL Ebsworth (Fourth Defendant) File Number(s): 2009/322343