Ralston v Jurisich [2017] NSWCA 63

Ralston v Jurisich [2017] NSWCA 63

On the balance of probabilities, Mrs Jurisich would have elected to proceed by way of winding up, and received the relevant sum tax-free, had she received proper advice about the tax consequences of a share buy-back. The solicitors' breach was causative of her loss, and the damages assessed by the trial judge were not erroneous. The appeal is dismissed.

Parties
Appellants: John Malbon Ralston and 8 others; Respondent: Helen Jurisich
Jurisdiction
Australia
Judgment Date
03 April 2017
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Solicitor's Duty to Advise, Factual Causation, Damages, Appellate Review, Tax Consequences of Share Transactions
Professional Negligence Solicitor's Duty to Advise Factual Causation Damages Appellate Review Tax Consequences of Share Transactions

Case Brief

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Parties

John Malbon Ralston and 8 others

Appellants

Helen Jurisich

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the breach of solicitors' duty to advise client to obtain tax advice a necessary condition of the harm suffered (factual causation)?
  2. 2 Did the primary judge err in findings regarding loss caused by breach?
  3. 3 Did the respondent prove that she would have acted differently had she received proper advice?

Ratio Decidendi

On the balance of probabilities, Mrs Jurisich would have elected to proceed by way of winding up, and received the relevant sum tax-free, had she received proper advice about the tax consequences of a share buy-back. The solicitors' breach was causative of her loss, and the damages assessed by the trial judge were not erroneous. The appeal is dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Appellants to pay respondent's costs of the appeal.