Williamson v Carneys Lawyers [2015] NSWSC 1080

Supreme Court New South Wales

Medium Neutral Citation: Williamson v Carneys Lawyers [2015] NSWSC 1080 Hearing dates: 27, 28 and 29 July 2015 Decision date: 05 August 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. Judgment for the first and third defendants.

2. Unless a written application is made to my associate within seven days for a different order, order the plaintiff to pay the first and third defendants' costs of the proceedings. Catchwords: TORT – professional negligence - solicitor acting for purchaser of rural property – land in vicinity of property subject to proposed quarry development - whether solicitor failed to advise plaintiff to make enquiries regarding possible development on neighbouring properties – whether solicitor had obligation to ensure that client had conducted enquiries – whether plaintiff would have purchased property regardless of advice – negligence not established – causation not established

DAMAGES - whether any loss having regard to Potts v Miller– no damage suffered Legislation Cited: Civil Liability Act 2005 (NSW), s 5D Environment Planning and Assessment Act 1979 (NSW), s 149 Fair Trading Act 1987 (NSW) Legal Profession Act 1987 (NSW) Legal Profession Act 2004 (NSW), s 325 Professional Standards Act 1994 (NSW) Trade Practices Act 1974 (NSW) Cases Cited: Ceal Ltd v Minister for Planning [2007] NSWLEC 302 Codelfa Constructions Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Gates v City Mutual Life Assurance Society Ltd [1986] HCA 3; 160 CLR 1 Hadley v Baxendale (1854) Exch 341 at 354; 156 ER 145 Henville v Walker [2001] HCA 52; 206 CLR 459 Jones v Dunkel (after (1959) 101 CLR 298 Kizbeau v WG and B Pty Ltd (1995) 184 CLR 281 Potts v Miller (1940) 64 CLR 282 Wallace v Kam [2013] HCA 19; 250 CLR 375 Category: Principal judgment Parties: Hugh Francis Arthur Williamson (Plaintiff) Carneys Lawyers Pty Ltd (First Defendant) Rabobank Australia Limited (Second Defendant) Wallace Edward Meakes (Third Defendant) Representation: Counsel: Plaintiff in person A Sullivan QC (First and Third Defendants)