Stankovic v Hockey [2016] NSWSC 31

Supreme Court New South Wales

Medium Neutral Citation: Stankovic v Hockey [2016] NSWSC 31 Hearing dates: 2 and 3 February 2016 Date of orders: 08 February 2016 Decision date: 08 February 2016 Jurisdiction: Common Law Before: Harrison J Decision: 1. Order that the proceedings be dismissed. 2. Order the plaintiff to pay the defendant's costs. Catchwords: PROFESSIONAL NEGLIGENCE – solicitor's negligence – bankruptcy – where plaintiff's estate sequestrated in bankruptcy – where plaintiff's annulment application dismissed by consent – whether solicitor acted with instructions – whether plaintiff sustained loss in any event – whether solicitor also negligent for failing to advise plaintiff concerning an order dismissing proceedings in Land & Environment Court in which solicitor not retained – where question of legal effect of dismissal of proceedings otherwise decided Legislation Cited: Bankruptcy Act 1966 Civil Liability Act 2002 Land and Environment Court Rules 1996 Cases Cited: Gould v Day [2002] FCA 66 Milovan Stankovic v The Hills Shire Council [2013] FCA 652 Sresbodan & Sresbodan and Ors [2015] FamCA 515 Category: Principal judgment Parties: Michael Stankovic (Plaintiff) Charles Hockey (Defendant) Representation: Counsel: D Lloyd (Defendant)

Solicitors: Kennedys (Defendant) File Number(s): 2014/58832 Publication restriction: NIL

Judgment 1. HIS HONOUR: Michael Stankovic sues Charles Hockey for professional negligence. Mr Hockey is Mr Stankovic's former solicitor. He alleges that Mr Hockey was negligent and breached his retainer in several specified respects when acting for him in proceedings in the Federal Magistrates Court following sequestration of Mr Stankovic's estate. Mr Stankovic alleges that Mr Hockey's defaults caused him loss and damage said to amount to $35M. 2. For the reasons that follow, I consider that Mr Stankovic's claims are entirely without foundation and should be dismissed with costs.