Paltos v Bartier Perry Pty Ltd (No 2) [2020] NSWSC 1706

Paltos v Bartier Perry Pty Ltd (No 2) [2020] NSWSC 1706

The defendant's professional negligence deprived the plaintiff of the benefit of exercising the Put and Call Option Agreement; damages are assessed on evidence in these proceedings as $1,411,707, with interest and costs awarded to the plaintiff, disregarding contingent outcomes of related partnership proceedings but requiring an undertaking to avoid double recovery.

Parties
Plaintiff: Dennis Paltos; Defendant: Bartier Perry Pty Ltd (ACN 124 690 053)
Jurisdiction
Australia
Judgment Date
01 December 2020
Procedural Posture
Professional Negligence / Damages, Consequential Orders, and Costs Following Liability Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Costs—offer of Compromise, Damages Assessment, Judicial Discretion—interest and Costs, Finality of Litigation
Professional Negligence Civil Procedure Costs—offer of Compromise Damages Assessment Judicial Discretion—interest and Costs Finality of Litigation

Case Brief

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Parties

Dennis Paltos

Plaintiff

Bartier Perry Pty Ltd (ACN 124 690 053)

Defendant

Procedural Posture

Professional Negligence / Damages, Consequential Orders, and Costs Following Liability Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for professional negligence against the defendant arising from advice on a Put and Call Option Agreement
  2. 2 Appropriate assessment of damages in light of unresolved partnership proceedings
  3. 3 Whether the plaintiff is entitled to indemnity costs after an Offer of Compromise

Ratio Decidendi

The defendant's professional negligence deprived the plaintiff of the benefit of exercising the Put and Call Option Agreement; damages are assessed on evidence in these proceedings as $1,411,707, with interest and costs awarded to the plaintiff, disregarding contingent outcomes of related partnership proceedings but requiring an undertaking to avoid double recovery.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment in the proceedings for the plaintiff
  • The defendant shall pay the plaintiff the sum of $1,411,707