Kanaan & Co v Bou Antoun [2000] NSWSC 117

Kanaan & Co v Bou Antoun [2000] NSWSC 117

The evidence did not support a finding that the solicitor's breach of duty was causative of the loss suffered by Mr Bou Antoun, as there was no reliance on or assumption of responsibility by Mr Kanaan regarding licence obtaining or advice beyond conveying the vendor's solicitors' response.

Parties
Plaintiff/applicant: Maurice Kanaan trading as M. Kanaan & Co; Defendant/respondent: Halim Bou Antoun
Jurisdiction
Australia
Judgment Date
07 March 2000
Procedural Posture
Appeal by Summons / Judgment
Outcome
Appeal allowed; judgment below quashed and substituted.
Legal Topics
Duty of Care, Causation of Loss, Solicitor's Duty, Appeal Procedure, Costs
Professional Negligence Civil Procedure Duty of Care Causation of Loss Solicitor's Duty Appeal Procedure Costs

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Parties

Maurice Kanaan trading as M. Kanaan & Co

Plaintiff/applicant

Halim Bou Antoun

Defendant/respondent

Procedural Posture

Appeal by Summons / Judgment

Legal Issues

  1. 1 Whether solicitor breached duty of care owed to client by failing to advise about tobacco licence transferability and how to obtain a licence
  2. 2 Whether any breach by the solicitor caused or contributed to the client's loss

Ratio Decidendi

The evidence did not support a finding that the solicitor's breach of duty was causative of the loss suffered by Mr Bou Antoun, as there was no reliance on or assumption of responsibility by Mr Kanaan regarding licence obtaining or advice beyond conveying the vendor's solicitors' response.

Court Disposition

Appeal allowed; judgment below quashed and substituted.

Orders

  • The verdict and judgment in favour of the defendant entered in the Local Court together with the orders for interest and costs are quashed.
  • In lieu thereof there be verdict and judgment in favour of the plaintiff with costs below.