NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Boorer v HLB Mann Judd (NSW) Pty Limited [2012] NSWSC 1499 Hearing dates: 26-29 November 2012 Decision date: 06 December 2012 Before: Adamson J Decision: (1) Judgment for the defendant. (2) Subject to order (3) below, order the plaintiff to pay the defendant's 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: CONTRACT - retainer - scope of retainer
TORT - professional negligence - claim by the director against company's accountants - whether the defendant failed to adequately advise the plaintiff of the nature of certain documents which he subsequently signed - whether the defendants failed to advise the plaintiff that the plaintiff's company was nearing insolvency
DAMAGES - evidence of damage - claim that the plaintiff was unable to procure further consultancy work as a result of the harm done to his reputation consequent on the defendant's negligence - the Court's duty to calculate damages where little or no evidence Legislation Cited: - Civil Liability Act 2002 - Corporations Act 2001 (Cth) - Australian Securities and Investments Commissions Act 2001 (Cth) Cases Cited: - Aerial Advertising Co v Batchelors Peas Ltd (Manchester) [1938] 2 All ER 788 - AWA Limited v Daniels (1992) 7 ACSR 759 - Boorer and Australian Securities and Investments Commission [2010] AATA 390 - Daniels v Anderson (1995) 37 NSWLR 438 - Gates v City Mutual Life Assurance Society Limited [1986] HCA 3; 160 CLR 1 - Sellars v Adelaide Petroleum NL [1994] HCA 4; 179 CLR 332 - Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165 - Wolfenden v International Theme Park Pty Ltd (Trading As Wonderland) and Anor [2008] NSWCA 78 Category: Principal judgment Parties: Graeme Boorer (Plaintiff) HLB Mann Judd (NSW) Pty Limited (Defendant) Representation: Counsel: T Morahan (Plaintiff) A Horvath (Defendant) Solicitors: Chen Shan Lawyers (Plaintiff) Norton Rose Australia (Defendant) File Number(s): 2009/20468 Publication restriction: None
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