Di Sisto v Skyworld [2006] NSWSC 1182

Di Sisto v Skyworld [2006] NSWSC 1182

The solicitor (Mr Heenan) breached his contractual and tortious duty of care by failing to seek instructions on or suggest making the property sale contracts interdependent, thereby exposing the plaintiffs to loss if only one contract was completed. The court found that, on the civil standard of proof, Skyworld likely would have agreed to such a term and completed both purchases, meaning the loss suffered was caused by Mr Heenan’s negligence.

Jurisdiction
Australia
Judgment Date
13 November 2006
Procedural Posture
Civil / Assessment of Damages
Outcome
Judgment for plaintiffs against fourth defendant (Mr Heenan) for damages and costs. Claim against Skyworld stood over for one year.
Legal Topics
['damages Assessment' "solicitors' Duty of Care" 'contract Formation and Interdependency' 'causation']
['equity' 'professional Negligence'] ['damages Assessment' "solicitors' Duty of Care" 'contract Formation and Interdependency' 'causation']

Case Brief

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Procedural Posture

Civil / Assessment of Damages

Legal Issues

  1. 1 ['Whether solicitor breached duty of care by failing to make contracts interdependent' "Whether damages flowed from solicitor's negligence" 'Causation: would purchaser have agreed to interdependency clause' 'Causation: would purchaser have completed both properties']

Ratio Decidendi

The solicitor (Mr Heenan) breached his contractual and tortious duty of care by failing to seek instructions on or suggest making the property sale contracts interdependent, thereby exposing the plaintiffs to loss if only one contract was completed. The court found that, on the civil standard of proof, Skyworld likely would have agreed to such a term and completed both purchases, meaning the loss suffered was caused by Mr Heenan’s negligence.

Court Disposition

Judgment for plaintiffs against fourth defendant (Mr Heenan) for damages and costs. Claim against Skyworld stood over for one year.

Orders

  • ['Fourth defendant to pay damages: $222,017.73 for 126 Livingstone Road; $557,988.13 for 33 Petersham Road, adjusted for Supreme Court interest rate for one year.' "Fourth defendant to pay plaintiffs' costs, including costs for applications arising from court inquiry." 'Claim against Skyworld stood over for one year...