Dansar Pty Ltd v Pagotto [2008] NSWSC 112

Dansar Pty Ltd v Pagotto [2008] NSWSC 112

The defendants negligently failed to advise the plaintiffs of the fatal limitations imposed by cl 45 of the Byron LEP upon the plaintiffs' legal proceedings, leading to the pursuit of futile litigation and the incurring of wasted legal costs for which the plaintiffs are entitled to recover damages. Advocate's immunity did not apply as the advice in question related to commencement or discontinuance of proceedings, not conduct in court.

Jurisdiction
Australia
Judgment Date
20 February 2008
Procedural Posture
Negligence Professional (solicitor and Client) / Principal Judgment After Trial
Outcome
Verdict for the plaintiffs; damages to be calculated in accordance with the judgment reasons and agreed between counsel; defendants to pay plaintiffs' costs.
Legal Topics
["solicitor's Duty of Care" "advocate's Immunity" 'development Approvals' 'prerogative Relief' 'damages for Wasted Legal Costs']
['negligence' 'professional Liability' 'legal Profession'] ["solicitor's Duty of Care" "advocate's Immunity" 'development Approvals' 'prerogative Relief' 'damages for Wasted Legal Costs']

Case Brief

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Procedural Posture

Negligence Professional (solicitor and Client) / Principal Judgment After Trial

Legal Issues

  1. 1 ['Whether the defendants (solicitors) were negligent in failing to advise the plaintiffs of fatal defects in legal proceedings regarding a development application' "Whether plaintiffs' losses were caused by the negligent advice or failure to advise" "Whether advocate's immunity applied to the negligent acts alleged"]

Ratio Decidendi

The defendants negligently failed to advise the plaintiffs of the fatal limitations imposed by cl 45 of the Byron LEP upon the plaintiffs' legal proceedings, leading to the pursuit of futile litigation and the incurring of wasted legal costs for which the plaintiffs are entitled to recover damages. Advocate's immunity did not apply as the advice in question related to commencement or discontinuance of proceedings, not conduct in court.

Court Disposition

Verdict for the plaintiffs; damages to be calculated in accordance with the judgment reasons and agreed between counsel; defendants to pay plaintiffs' costs.

Orders

  • ['Verdict for the plaintiffs in such sum as is agreed by counsel for the parties having regard to the terms of par [97] of these reasons for judgment.' "Order the defendants to pay the plaintiffs' costs."]