Consolidated Lawyers Ltd v Abu-Mahmoud; Abu-Mahmoud v Consolidated Lawyers Ltd [2016] NSWCA 4

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Consolidated Lawyers Ltd v Abu-Mahmoud; Abu-Mahmoud v Consolidated Lawyers Ltd [2016] NSWCA 4 Hearing dates: 8 December 2015 Decision date: 04 February 2016 Before: Bathurst CJ at [1]; Macfarlan JA at [2]; Tobias AJA at [71] Decision: The appeal and the application for leave to cross-appeal are dismissed with costs. Catchwords: TORTS – legal professional negligence – property development – advice to enter into restructure scheme – whether advice negligent – whether causative of loss – appeal dismissed

PROCEDURE – whether appellants able to advance new argument on appeal – parties bound by the conduct of their legal representatives

COSTS – offer of compromise – whether court should "otherwise order" in accordance with UCPR r 42.14 Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Supreme Court Act 1970 (NSW), s 101 Taxation Administration Act 1953 (Cth), s 444 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 36.16, 42.14 Cases Cited: Coulton v Holcombe [1986] HCA 33;162 CLR 1 Hudson Investment Group Ltd v Atanaskovic [2014] NSWCA 255 Kenny & Good Pty Ltd v MGICA (1992) Ltd [1999] HCA 25; 199 CLR 413 Nominal Defendant v Hawkins [2011] NSWCA 93 South Eastern Sydney Area Health Service v King [2006] NSWCA 2 Suttor v Gundowda [1950] HCA 35; 81 CLR 418 Water Board v Moustakas [1988] HCA 12; 180 CLR 491 Category: Principal judgment Parties: Consolidated Lawyers Ltd (First Appellant) Abdul Salem Kassem formerly trading as S K Lawyers (Second Appellant) Christopher Shaw (Third Appellant) John Gerathy (Fourth Appellant) Ann Bowen (Fifth Appellant) Mohamed Abu-Mahmoud (Respondent) Representation: Counsel: J E Sexton SC/D A Lloyd (Appellants) B McClintock SC/P Doyle Gray (Respondent)