Kendirjian v Lepore [2019] NSWDC 43
The evidence established that the $600,000 plus costs settlement offer was communicated to the plaintiff, and the plaintiff gave instructions to reject it; contemporaneous file notes, conduct, and adverse credit findings against the plaintiff support this conclusion, so the plaintiff's claim fails.
- Jurisdiction
- Australia
- Judgment Date
- 06 March 2019
- Procedural Posture
- Civil / Principal Judgment After Trial
- Outcome
- Verdict and judgment for the defendants. Plaintiff to pay defendants' costs.
- Legal Topics
- ["solicitor's Negligence" "barrister's Negligence" 'settlement Negotiations' "advocates' Immunity" 'causation' 'credit Findings']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Principal Judgment After Trial
Legal Issues
- 1 ['Whether solicitor and barrister were negligent in settlement negotiations by not communicating settlement offer to the plaintiff' 'Whether actual instructions to reject settlement offer were obtained from the plaintiff' "Whether contemporaneous file notes support the defendants' account of events" 'Whether adverse credit findings against plaintiff undermine his case']
Ratio Decidendi
The evidence established that the $600,000 plus costs settlement offer was communicated to the plaintiff, and the plaintiff gave instructions to reject it; contemporaneous file notes, conduct, and adverse credit findings against the plaintiff support this conclusion, so the plaintiff's claim fails.
Court Disposition
Verdict and judgment for the defendants. Plaintiff to pay defendants' costs.
Orders
- ['Verdict and Judgment for the defendants' "The plaintiff to pay the defendants' costs"]
Full Case Text
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