Sanossian v Parisi & Associates Pty Limited [2019] NSWDC 599

District Court New South Wales

Medium Neutral Citation: Sanossian v Parisi & Associates Pty Limited [2019] NSWDC 599 Hearing dates: 9, 10 and 11 October 2019 Date of orders: 25 October 2019 Decision date: 25 October 2019 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the defendant. (2) Order the plaintiff to pay the defendant's costs. (3) Stand the proceedings over to a date to be fixed to deal with:

(a) any application by the defendant for an indemnity costs order; (b) determination of the costs reserved by Judge Letherbarrow SC on 26 July 2019. Catchwords: PROFESSIONAL NEGLIGENCE – claim by client against solicitor who acted in Supreme Court proceedings – whether there was a failure by the defendant to give proper legal advice prior to settlement – whether there was a failure by the defendant to give timely advice regarding prospects of success – whether incorrect advice was given by the defendant to settle the proceedings – held: no negligence

FAMILY PROVISION – principles applicable – notional estate – discretionary nature of power to make provision for claimant out of notional estate Legislation Cited: Family Provision Act 1982 (NSW) Succession Act 2006 (NSW) Cases Cited: Calverley v Green [1984] HCA 81; (1984) 155 CLR 242 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Category: Principal judgment Parties: Joseph Sanossian (Plaintiff) Parisi & Associates Pty Limited (Defendant) Representation: Counsel: J Sanossian (Self-represented) I Griscti (Defendant)