Luo v Jemmeson & Fisher Solicitors & Accountants [2017] NSWCATCD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Luo v Jemmeson & Fisher Solicitors & Accountants [2017] NSWCATCD 33 Hearing dates: 12 December 2016 and 27 February 2017 Decision date: 19 April 2017 Jurisdiction: Consumer and Commercial Division Before: G A Kinsey, General Member Decision: 1. The Application is dismissed Legislation Cited: Civil Liability Act 2002 Duties Act 1997 Fair Trading Act 1987 Cases Cited: Richtoll Pty Ltd v WW Lawyers (in Liquidation) Pty Ltd [2016] NSWSC 438 Category: Principal judgment Parties: Chengyue Luo ( Applicant) Jemmeson & Fisher Solicitors and Accountants (Respondent) Representation: Applicant in person; Solicitors for respondent: Shareena Jadhav employed solicitor with Jemmeson & Fisher Solicitors and Accountants File Number(s): GEN 16/44883 Publication restriction: Unrestricted

reasons for decision

APPLICATION 1. In an application filed in the Tribunal Registry on 11 October 2016 the Applicant (hereinafter referred to as "Mr Luo) sought an order that the Respondent Jemmeson & Fisher Solicitors and Accountants (hereinafter referred to as "the Solicitors") pay him the sum of $15,000.00. 2. Mr Luo claimed in his application that "Solicitor failed to know the law and misadvise stamp duty amount." Under the heading: "What are your reasons for asking for the orders?" he provides a brief history of his dealings with the Solicitors and concludes with the following statement: "I suffered unwarranted and avoidable financial loss due to JF's failure to know the law and breach of fiduciary duty. I have to borrow to pay for the surcharge. I therefore demand JF to reimburse me for the loss in the amount of $15,000.00." 1. He has attached numerous documents including correspondence and emails to the application in support of his case.