FITZPATRICK and ANOR v PARKER and ANOR [1996] NSWCA 186

FITZPATRICK and ANOR v PARKER and ANOR [1996] NSWCA 186

Accepting the trial judge's factual findings and reconsidering the materials, the proper inference is that there was a causal connection between the solicitor's breach of duty and the plaintiffs' loss; had proper advice been given, the plaintiff would have ensured the premises were insured.

Parties
Appellant: Fitzpatrick; Respondent: Parker
Jurisdiction
Australia
Judgment Date
16 September 1996
Procedural Posture
Civil Appeal / Appeal Decision
Outcome
appeal upheld
Legal Topics
Breach of Duty, Causal Connection, Duty to Advise, Damages
Solicitors' Duties Insurance Negligence Breach of Duty Causal Connection Duty to Advise Damages

Case Brief

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Parties

Fitzpatrick

Appellant

Parker

Respondent

Procedural Posture

Civil Appeal / Appeal Decision

Legal Issues

  1. 1 Did the solicitor breach his duty to advise the plaintiffs about insurance in a conveyancing transaction?
  2. 2 Was there a causal connection between the solicitor's breach of duty and the plaintiffs' loss due to the property not being insured?

Ratio Decidendi

Accepting the trial judge's factual findings and reconsidering the materials, the proper inference is that there was a causal connection between the solicitor's breach of duty and the plaintiffs' loss; had proper advice been given, the plaintiff would have ensured the premises were insured.

Court Disposition

appeal upheld

Orders

  • Appeal upheld.
  • Judgment below set aside.