Ishak Cicek and anor. v The Estate of the late Mark Solomon and ors (No 3) [2013] NSWSC 1492

The plaintiffs' evidence, taken at its highest, did not establish any retainer, breach of duty, unconscionable conduct, or loss as pleaded; judgment for the plaintiffs could not be supported on the evidence.

Jurisdiction: Australia
Judgment Date: 16 October 2013
Procedural Posture: Principal Judgment / Application for Judgment at the Close of the Plaintiff's Case
Outcome: Judgment for the first and third defendants; costs ordered against the plaintiffs.
Legal Topics: ['judgment for Want of Evidence' "application at Close of Plaintiff's Case" "plaintiff's Evidence at Its Highest"]

['practice and Procedure'] ['judgment for Want of Evidence' "application at Close of Plaintiff's Case" "plaintiff's Evidence at Its Highest"]

Case Brief

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Procedural Posture

Principal Judgment / Application for Judgment at the Close of the Plaintiff's Case

Legal Issues

1 ['Whether on the evidence a judgment for the plaintiffs could not be supported at the close of their case' 'Whether leave should be granted to adduce further affidavit evidence' 'Whether evidence established breach of duty by first defendant or unconscionable conduct by third defendant']

Ratio Decidendi

Court Disposition

Judgment for the first and third defendants; costs ordered against the plaintiffs.

Orders

['Verdict and judgment for the first defendant.' 'Verdict and judgment for the third defendant.' 'The first and second plaintiffs are to pay the costs of each of the first and third defendants.']