Sinclair v SSET Constructions Pty Limited [2002] NSWCA 125

Sinclair v SSET Constructions Pty Limited [2002] NSWCA 125

The Court of Appeal found it was not open to the trial judge to conclude, on the evidence, that SSET had lost a genuine opportunity to purchase the Turramurra property as a result of the solicitor’s negligence; any such opportunity was too speculative and unsupported. Accordingly, the damages award for loss of that chance could not stand.

Parties
Appellant: David Sinclair t/as Alexander Dyce & Dodd; Respondent: SSET Constructions Pty Limited
Jurisdiction
Australia
Judgment Date
31 July 2002
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Damages, Loss of Opportunity, Causation, Assessment of Damages
Professional Negligence Damages Loss of Opportunity Causation Assessment of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

David Sinclair t/as Alexander Dyce & Dodd

Appellant

SSET Constructions Pty Limited

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the trial judge was correct to find that SSET Constructions Pty Limited lost the opportunity to acquire the Turramurra property as a result of the appellant’s negligence
  2. 2 Whether damages for loss of chance were available in circumstances where the chance was speculative

Ratio Decidendi

The Court of Appeal found it was not open to the trial judge to conclude, on the evidence, that SSET had lost a genuine opportunity to purchase the Turramurra property as a result of the solicitor’s negligence; any such opportunity was too speculative and unsupported. Accordingly, the damages award for loss of that chance could not stand.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Orders 5, 6 and 8 below be set aside