Soo v Fisher Cartwright Berriman [2011] NSWCA 33

Soo v Fisher Cartwright Berriman [2011] NSWCA 33

The Court of Appeal found that, on the balance of objective evidence and logical probabilities, the plaintiff was told of the counter-offer by the solicitor and rejected it, thereby overturning the trial judge’s finding of breach of duty.

Jurisdiction
Australia
Judgment Date
03 March 2011
Procedural Posture
Appeal and Cross Appeal / Court of Appeal Decision
Outcome
Cross-appeal allowed; appeal dismissed; judgment for plaintiff set aside; judgment for defendants entered with costs.
Legal Topics
["solicitor's Duty" 'fact Finding' 'failure to Pass on Counter Offer']
['professional Negligence'] ["solicitor's Duty" 'fact Finding' 'failure to Pass on Counter Offer']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether solicitor failed to inform plaintiff of a counter-offer of settlement' 'Whether breach of duty occurred' 'Whether factual finding by trial judge was correct']

Ratio Decidendi

The Court of Appeal found that, on the balance of objective evidence and logical probabilities, the plaintiff was told of the counter-offer by the solicitor and rejected it, thereby overturning the trial judge’s finding of breach of duty.

Court Disposition

Cross-appeal allowed; appeal dismissed; judgment for plaintiff set aside; judgment for defendants entered with costs.

Orders

  • ['Cross appeal allowed.' 'Appeal dismissed.' 'Judgment for the plaintiff for $65,184.00 set aside, and in lieu thereof enter judgment for the defendants in the action with costs.' "The appellant is to pay the respondents' and cross-appellants' costs of the appeal and cross appeal." 'The appellant is to have a...