Dae Boong International Pty limited v Dae Boong Australia Pty Limited [2008] NSWSC 357

Dae Boong International Pty limited v Dae Boong Australia Pty Limited [2008] NSWSC 357

The plaintiff failed to establish that the legal advice given was negligent or that any loss resulted from it; additionally, the contract entered for sale of business assets was a nullity as the purchasing company did not exist at the time and was not ratified, and there is insufficient evidence of loss or causation.

Jurisdiction
Australia
Judgment Date
15 April 2008
Procedural Posture
Negligence (tort) Claim in Equity Division / Judgment After Hearing Proceedings Against Seventh Defendant
Outcome
Proceedings dismissed with costs
Legal Topics
['negligence' 'insolvency' 'corporate Asset Transfer' "barrister's Liability"]
['torts' 'equity' 'corporations'] ['negligence' 'insolvency' 'corporate Asset Transfer' "barrister's Liability"]

Case Brief

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Procedural Posture

Negligence (tort) Claim in Equity Division / Judgment After Hearing Proceedings Against Seventh Defendant

Legal Issues

  1. 1 ['Whether the advice provided by the seventh defendant (barrister) regarding asset preservation prior to winding up was negligent' 'Whether the advice was acted upon' 'Whether any loss was occasioned by such advice']

Ratio Decidendi

The plaintiff failed to establish that the legal advice given was negligent or that any loss resulted from it; additionally, the contract entered for sale of business assets was a nullity as the purchasing company did not exist at the time and was not ratified, and there is insufficient evidence of loss or causation.

Court Disposition

Proceedings dismissed with costs

Orders

  • ['Proceedings be dismissed' 'Plaintiff to pay the costs of the seventh defendant' 'Exhibits may be returned' 'Money paid into court as security for the costs of the seventh defendant to remain in court until costs assessed or agreed and then be dealt with by registrar']