Ralston v Jurisich [2017] NSWCA 63

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ralston v Jurisich [2017] NSWCA 63 Hearing dates: 06/03/2017 Date of orders: 03 April 2017 Decision date: 03 April 2017 Before: Ward JA; Emmett AJA; McDougall J Decision: Appeal dismissed with costs. Catchwords: PROFESSIONAL NEGLIGENCE – where client suing former solicitors – where client incurred significant income tax liability after realising shares in a company – failure to advise – whether the respondent had proved factual causation – how factual causation is to be proved – whether primary judge erred in his implicit findings as to the loss caused by the breach – APPEALS – principles of appellate review – function of appellate court in relation to fact finding at trial Legislation Cited: Civil Liability Act 2002 (NSW), s 50 Evidence Act 1995 (NSW) Fair Work Act 2009 (Cth) Income Tax Assessment Act 1936 (Cth) Cases Cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 Fox v Percy (2003) 214 CLR 118 Hunt and Hunt Lawyers (a firm) v Mitchell Morgan Nominees Pty Ltd (2013) 247 CLR 613 Nocton v Lord Ashburton [1914] AC 932 Strong v Woolworths Ltd (2012) 246 CLR 182 Takla v Nasr [2013] NSWCA 435 Wallace v Kam (2012) 250 CLR 375 Warren v Coombes (1979) 182 CLR 531 Category: Principal judgment Parties: John Malbon Ralston (First Appellant) and 8 others Helen Jurisich (Respondent) Representation: Counsel: J C Giles SC (Appellants) S R Donaldson SC / M Sealey (Respondent)