NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Jurisich v Ralston [2016] NSWDC 82 Hearing dates: 14, 15 and 16 September 2015 Date of orders: 13 May 2016 Decision date: 13 May 2016 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff, Helen Jurisich, in the amount of $739,872.73. (2) Parties to provide to my associate within seven days an agreed list of convenient dates for argument concerning costs. Catchwords: PROFESSIONAL NEGLIGENCE – client suing former solicitors – client inherited shares in a company - solicitors retained to realise value of shares – potential winding up - share buyback – failure to advise - taxation consequences of transaction - significant income tax liability Legislation Cited: Civil Liability Act 2002, s 5B, s 5D, s 5O, s 5R, s 34, s 35 Cases Cited: Commonwealth Bank of Australia v Shahen Serobian [2009] NSWSC 302 Heydon v NRMA Ltd [2000] NSWCA 374; (2000) 51 NSWLR 1 Hurlingham Estates Ltd v Wilde & Partners (1996) 37 ATR 26 Wallace v Kam [2013] HCA 19 Watson v Foxman (1995) 49 NSWLR 345 Category: Principal judgment Parties: Helen Jurisich (plaintiff) John Malbon Ralston and 8 others trading as 'Pigott Stinson' (defendants) Representation: Counsel: Mr S R Donaldson SC with Mr M Sealey (plaintiff) Mr J C Giles (defendants)
Solicitors: TressCox Lawyers (plaintiff) Yeldham Price O'Brien Lusk (defendants) File Number(s): 2014/82132 Publication restriction: None
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