CUNEEN V. SHAW 6/1931

CUNEEN V. SHAW 6/1931

The plaintiff failed to establish either an absolute undertaking by the solicitor to secure him from claims, or that the solicitor breached any specific duty or retainer as alleged in the pleadings; the pleadings did not support a claim based on negligence and no case was made that required the solicitor to obtain further protection for the plaintiff at the relevant time.

Parties
Appellant: Cuneen; Respondent: Shaw
Jurisdiction
Australia
Judgment Date
30 July 1931
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Solicitor's Duties, Breach of Contract, Retainer, Negligence, Damages
Contract Law Professional Negligence Solicitor's Duties Breach of Contract Retainer Negligence Damages

Case Brief

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Parties

Cuneen

Appellant

Shaw

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was an agreement or retainer imposing an absolute obligation on the solicitor to guarantee immunity from claims by the purchaser against the vendor.
  2. 2 Whether the defendant (solicitor) breached any contractual or professional duty to the plaintiff (vendor) in the course of conveyancing transaction.

Ratio Decidendi

The plaintiff failed to establish either an absolute undertaking by the solicitor to secure him from claims, or that the solicitor breached any specific duty or retainer as alleged in the pleadings; the pleadings did not support a claim based on negligence and no case was made that required the solicitor to obtain further protection for the plaintiff at the relevant time.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal be dismissed with costs.