Schacht v Bruce Lockhart Thompson and Dennis Michael Staunton (trading as Staunton and Thompson Lawyers) (No. 3) [2013] NSWSC 316

Supreme Court New South Wales

Medium Neutral Citation: Schacht v Bruce Lockhart Thompson and Dennis Michael Staunton (trading as Staunton and Thompson Lawyers) (No. 3) [2013] NSWSC 316 Hearing dates: 27 February 2012, 28 February 2012, 29 February 2012, 1 March 2012, 2 March 2012 Decision date: 10 April 2013 Jurisdiction: Common Law Before: Johnson J Decision: Verdict and judgment for the Plaintiff. The Plaintiff to bring in short minutes to give effect to the judgment of the Court Catchwords: PROFESSIONS AND TRADES - claim against solicitors - professional negligence - Plaintiff retains Defendants following marriage in 2002 - Defendants draft Financial Agreement - Plaintiff and wife execute Financial Agreement in April 2002 - Financial Agreement did not comply with s.90G(1)(b) Family Law Act 1975 (Cth) - Plaintiff retains Defendants again in 2003 - Defendants draft Deed - Plaintiff and wife execute Deed in 2003 purporting to vary 2002 Financial Agreement - Plaintiff and wife separate in 2006 and divorce in 2007 - Federal Magistrates Court declares 2002 Financial Agreement to be non-binding in April 2008 - Plaintiff settles family law proceedings in 2008 on terms considerably less favourable to him than 2002 Financial Agreement - admission by Defendants of breach of duty of care concerning 2002 retainer - contention by Defendants that Plaintiff does not plead loss or damage arising from 2002 breach - denial by Defendants of breach of 2003 retainer - reliance by Defendants on s.5O Civil Liability Act 2002 concerning alleged 2003 breach - Plaintiff entitled to assert loss or damage caused by 2002 breach - Plaintiff establishes breach of 2003 retainer - reliance by Defendants on s.5O fails - Plaintiff establishes entitlement to damages - assessment of damages - verdict for Plaintiff Legislation Cited: Family Law Act 1975 (Cth) Civil Liability Act 2002 Limitation Act 1969 Family Law Amendment Act 2000 (Cth) Family Law Amendment Act 2003 (Cth) Federal Justice System Amendment (Efficiency Measures) Act (No. 1) 2009 (Cth) Civil Procedure Act 2005 Cases Cited: Schacht v Thompson & Staunton t/as Staunton & Thompson Lawyers (No. 1) [2012] NSWSC 168 Schacht v Thompson & Staunton t/as Staunton & Thompson Lawyers (No. 2) [2012] NSWSC 169 Goodrich Aerospace Pty Limited v Arsic [2006] NSWCA 187; 66 NSWLR 186 Bale v Mills [2011] NSWCA 226; 81 NSWLR 498 Heydon v NRMA Limited [2000] NSWCA 374; 51 NSWLR 1 Yates Property Corporation v Boland [1998] 85 FCR 84 at 105 Dobler v Halverson [2007] NSWCA 335; 70 NSWLR 151 DJZ Constructions Pty Limited v Paul Pritchard trading as Pritchard Law Group and Ors [2010] NSWSC 1024 Hadley v Baxendale (1854) 9 Ex 341 Johnson v Perez (1988) HCA 64; 166 CLR 351 Shepherd Constructions Ltd v Pinsent Masons LLP [2012] EWHC 43 (TCC) Kekatos v Sanson [2009] NSWCA 171 Dominic v Riz [2009] NSWCA 216 Fahd v Kenneally [2011] NSWCA 419 Charles v Hugh James Jones and Jenkins (a Firm) [2000] 1 All ER 299 Heenan v Di Sisto [2008] NSWCA Middle East Trading Consultants Pty Limited v Nemes [2000] NSWSC 1213 Westcoast Clothing Co Pty Limited v Freehill Hollingdale and Page [1999] VSC 266 Black and Black [2008] FamCAFC 7; 38 Fam LR 503 Texts Cited: --- Category: Principal judgment Parties: Daniel Schacht (Plaintiff) Bruce Lockhart Thompson and Dennis Michael Staunton trading as Staunton and Thompson Lawyers (Defendants) Representation: Mr PS Braham SC; Mr DA Lloyd (Plaintiff) Mr A Cheshire; Mr D Steirn (Defendants) Riley Gray-Spencer Lawyers (Plaintiff) HWL Ebsworth Lawyers (Defendants) File Number(s): 2009/297435 Publication restriction: ---