Blazai Pty Limited v Maley & Ors (trading as Maclarens Solicitors) [2012] NSWSC 1444

Supreme Court New South Wales

Medium Neutral Citation: Blazai Pty Limited v Maley & Ors (trading as Maclarens Solicitors) [2012] NSWSC 1444 Hearing dates: 19-23 November 2012 Decision date: 29 November 2012 Before: Adamson J Decision: (1) Judgment for the first to fourth defendants. (2) Subject to order (3) below, order the plaintiff to pay the first to fourth defendants' costs of these proceedings. (3) Direct that any party who, or which, seeks a costs order different from that set out in (2) make such application in writing to my chambers within seven days of these reasons. Catchwords: TORT - negligence - professional negligence - alleged failure by a solicitor to properly advise in a commercial property transaction - instructions given to settle without receipt of deposit - client an experienced property developer CONTRACT - contract of retainer - scope of retainer Legislation Cited: Civil Liability Act 2002 Evidence Act 1995 Cases Cited: - Fox v Percy [2003] HCA 22; 214 CLR 118 at 129 - Hammoud Bros Pty Limited v Insurance Australia Limited [2004] NSWCA 366 - Astley v Austrust Limited [1999] HCA 6; 197 CLR 1 - Heydon v NRMA Limited [2000] NSWCA 374; 51 NSWLR 1 - Wolfenden v International Theme Park Pty Ltd (Trading As Wonderland) and Anor [2008] NSWCA 78 - Sellars v Adelaide Petroleum NL [1994] HCA 4; 179 CLR 332 - Heenan v Di Sisto [2008] NSWCA 25 Category: Principal judgment Parties: Blazai Pty Limited (Plaintiff) Christopher Paul Maley trading as Maclarens Solicitors & Attorneys (First Defendant) Louis Joseph Andreatta trading as Maclarens Solicitors & Attorneys (Second Defendant) Denis John Hall trading as Maclarens Solicitors & Attorneys (Third Defendant) Robert Bruce Tilley trading as Maclarens Solicitors & Attorneys (Fourth Defendant) John Palasty (Fifth Defendant) Representation: Counsel: A Justice (19-21 Nov) J Bannister (Sol) (22-23 Nov) (Plaintiff) J Downing (First - Fourth Defendants) Solicitors: R J Thomas Solicitor (Plaintiff) HWL Ebsworth (First - Fourth Defendants) File Number(s): 2008/282939 Publication restriction: None