Lucantonio v Stichter [2014] NSWCA 5

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lucantonio v Stichter [2014] NSWCA 5 Hearing dates: 4 March 2013 Decision date: 06 February 2014 Before: McColl JA at [1], Basten JA at [96], Barrett JA at [145] Decision: (1) Appeal dismissed with costs. (2) Cross-appeal dismissed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - professional negligence - causation - where appellant retained respondent solicitor on purchase of commercial property - where appellant paid deposit on property to vendor - where appellant was subsequently advised that proposed redevelopment of property could not proceed without further council approval and increased building costs - where appellant unsuccessfully sought to postpone settlement and negotiate reduced price or compensation with vendor - where appellant failed to complete contract following service of a notice to complete and vendor terminated contract - where respondent negligently failed to prove timely advice to the appellant following service of the notice to complete that completion of the contract was the "safest option" - whether respondent's negligence caused the appellant's loss - whether appellant would have completed the contract even if the respondent had provided him timely advice Legislation Cited: Civil Liability Act 2002 Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Fair Trading Act 1987 Cases Cited: Adeels Palace Pty Ltd v Mourbarak [2009] HCA 48; (2009) 239 CLR 420 Hunt & Hunt Lawyers (a firm) v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10; (2013) 247 CLR 613 Kocis v SE Dickens Pty Ltd [1998] 3 VR 408 Lesandu Blacktown Pty Ltd v Gonzalez [2013] NSWCA 8 Lucantonio v Ciofuli [2002] NSWSC 509 Lucantonio v Ciofuli [2003] NSWSC 1058 Strong v Woolworths Ltd [2012] HCA 5; (2012) 246 CLR 182 Vairy v Wyong Shire Council [2005] HCA 62; (2005) 223 CLR 422 Wallace v Kam [2013] HCA 19; (2013) 87 ALJR 648 Category: Principal judgment Parties: Dean Lucantonio - Appellant Otto Stichter - Respondent Representation: Counsel: G Laughton SC - Appellant G Curtin SC - Respondent Solicitors: Gells Lawyers - Appellant DLA Piper Australia - Respondent File Number(s): CA 2004/176817 Publication restriction: No Decision under appeal Citation: Lucantonio v Kleinert [2011] NSWSC 753 Date of Decision: 2011-07-20 00:00:00 Before: Brereton J File Number(s): SC 2004/176817