Abu-Mahmoud v Consolidated Lawyers Pty Ltd [2015] NSWSC 547

Supreme Court New South Wales

Medium Neutral Citation: Abu-Mahmoud v Consolidated Lawyers Pty Ltd [2015] NSWSC 547 Hearing dates: 9 December 2013 – 13 December 2013, 16 December 2013, 6 June 2014 Date of orders: 18 May 2015 Decision date: 18 May 2015 Before: Garling J Decision: (1)Judgment for the plaintiff in an amount to be calculated. (2)Plaintiff to file and serve proposed short minutes of order, any motion seeking an order for costs different from that proposed, and any affidavit and submissions in support of that motion by Monday 1 June 2015. (3)Defendants to file and serve proposed short minutes of order, any motion seeking an order for costs different from that proposed, and any affidavit and submissions in support of that motion by Monday 15 June 2015. (4)Stand proceedings over for determination of all outstanding issues, if any, to 10am on Friday 19 June 2015. (5)Direct the parties, at the time of filing any documents in accordance with Orders 3 and 4, to provide a copy to my Associate. (6)Liberty to apply on 2 days' notice. Catchwords: TORTS – professional negligence – solicitor – failed restructure scheme with respect to a property owned by the plaintiff – loss suffered by plaintiff as a result – solicitor retained by plaintiff – whether existing retainer extended to include restructure issue – whether advice given to plaintiff – whether advice negligent – if negligent advice whether negligence caused loss – whether plaintiff contributed to loss suffered – no question of principle Legislation Cited: Civil Liability Act 2002 Retail Leases Act 1994 Taxation Administration Act 1953 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: Mohamed Abu-Mahmoud (P) Consolidated Lawyers Pty Ltd (D1) Abdul Salem Kassem t/as S K Lawyers (D2) Christopher Shaw (D3) Ann Bowen (D4) John Gerathy (D5) Representation: Counsel: B McClintock SC / P Doyle-Gray (P) G Curtin SC / D Lloyd (D1-5)