NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Mal Owen Consulting Pty Limited v Ashcroft [2017] NSWDC 221 Hearing dates: 30 and 31 May; 1, 26, 27 and 28 June 2017 Date of orders: 29 June 2017 Decision date: 29 June 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment in favour of the defendant. (2) Reserve the question of costs to a date convenient to the parties to be informed to my associate within seven days. Catchwords: TORT – professional negligence – solicitor – damages - loss of a chance or opportunity – recovery of a debt – delay of three and a half years – prospects of recovery if proceedings finalised earlier – costs – costs of cross-claim – costs as damages Legislation Cited: Civil Liability Act 2002, s 5D Cases Cited: Avenhouse v Council of the Shire of Hornsby (1998) 44 NSWLR 1 Badenach v Calvert (2016) 257 CLR 440; [2016] HCA 18 Berry v British Transport Commission [1962] 1 QB 306 Mahlo & Ors v Westpac Banking Corporation Ltd [1999] NSWCA 358 Makita (Aust) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Queanbeyan Leagues Club Ltd v Poldune Pty Ltd & Ors [2000] NSWSC 1100 Wallace v Kam [2013] HCA 19 Category: Principal judgment Parties: Mal Owen Consulting Pty Limited (ACN 000 151 771) (plaintiff) Peter Ashcroft (defendant) Representation: Counsel: Mr J Sleight (plaintiff) Mr I Griscti (defendant)
Solicitors: Neville & Hourn Legal (plaintiff) Gilchrist Connell (defendant) File Number(s): 2012/352794 Publication restriction: None
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