Vagg v McPhee [2011] NSWSC 1584

Supreme Court New South Wales

Medium Neutral Citation: Vagg v McPhee [2011] NSWSC 1584 Hearing dates: 21 November 2011, 22 November 2011, 23 November 2011 Decision date: 19 December 2011 Jurisdiction: Common Law Before: Schmidt J Decision: For the reasons given, the proceedings must be dismissed. The usual order as to costs would be that they follow the event. If necessary I will hear the parties on costs. Catchwords: PROFESSIONS AND TRADES - lawyers - duties and liabilities - wills - whether advice given as to severance of joint tenancy - whether the defendants were negligent in the advice given - whether the defendants owed the plaintiffs a duty of care - whether duty of care was breached - damages Legislation Cited: Civil Liability Act 2005 Conveyancing Act 1919 Family Law Act 1975 (Cth) Family Provision Act 1982 Cases Cited: Citicorp Australia Ltd v O'Brien (1996) 40 NSWLR 398 Dominic v Riz [2009] NSWCA 216 Jones v Dunkel (1959) 101 CLR 298 Hendriks v McGeoch [2008] NSWCA 53 Miller v Cooney [2004] NSWCA 380 Category: Principal judgment Parties: Margaret Doreen Vagg (First Plaintiff) Benjamin John Vagg (Second Plaintiff) Julia Lillian Vagg (Third Plaintiff) Cecilia Anne Vagg (Fourth Plaintiff) James Gregory Vagg (Fifth Plaintiff) Paul McPhee (First Defendant) Trevor Cork (Second Defendant) David Dunkley (Third Defendant) Steven Nicholson (Fourth Defendant) Representation: Counsel: Mr P Blackett SC with Mr E Young (Plaintiffs) Mr JC Kelly SC (Defendants) Solicitors: Turner Freeman (Plaintiffs) Colin Biggers & Paisley (Defendants) File Number(s): 2009/29739 Publication restriction: None