Vertzayias v King & Ors [2011] NSWCA 215

Vertzayias v King & Ors [2011] NSWCA 215

The damages for solicitor's negligence were correctly assessed at the amount currently owed under the Permanent loan, including enforcement costs, as the evidence supported that but for the negligence, the client would not have entered into the loan transactions; the costs order did not prevent the lender from debiting its enforcement expenses to the loan account; and leave to amend the defence to claim apportionment under the Civil Liability Act 2002 was rightly refused as it was sought too late and would require an extensive rehearing causing prejudice to the respondent.

Jurisdiction
Australia
Judgment Date
29 July 2011
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
["solicitor's Negligence" 'calculation of Damages' 'enforcement Costs' 'apportionment Under Civil Liability Act' 'rectification of Orders']
['damages' 'negligence' 'professional Liability' 'civil Procedure'] ["solicitor's Negligence" 'calculation of Damages' 'enforcement Costs' 'apportionment Under Civil Liability Act' 'rectification of Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ["Whether damages for solicitor's negligence were correctly assessed including loan liabilities and enforcement costs" 'Whether costs order affected the ability to debit legal enforcement costs to the loan' 'Whether late amendment should be permitted to claim apportionment with a concurrent wrongdoer under the Civil Liability Act 2002']

Ratio Decidendi

The damages for solicitor's negligence were correctly assessed at the amount currently owed under the Permanent loan, including enforcement costs, as the evidence supported that but for the negligence, the client would not have entered into the loan transactions; the costs order did not prevent the lender from debiting its enforcement expenses to the loan account; and leave to amend the defence to claim apportionment under the Civil Liability Act 2002 was rightly refused as it was sought too late and would require an extensive rehearing causing prejudice to the respondent.

Court Disposition

Appeal dismissed with costs

Orders

  • ["The name of the appellant in the notice of appeal and subsequent documents is to be amended to 'Dion Vertzayias'." 'The appeal is dismissed with costs.']