Jurisich v Ralston [2016] NSWDC 82

Jurisich v Ralston [2016] NSWDC 82

The solicitor owed a duty to advise on or recommend obtaining advice regarding the possible tax consequences of the chosen method to realize the shares. The solicitor breached this duty by failing to provide such advice or recommendation. This breach caused Mrs Jurisich to incur tax liabilities she would not have suffered had she been properly advised, and there was no contributory negligence established.

Jurisdiction
Australia
Judgment Date
13 May 2016
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff
Legal Topics
["solicitor's Duty to Advise on Tax Consequences" 'negligence' 'causation' 'quantum of Damages' 'contributory Negligence']
['professional Negligence'] ["solicitor's Duty to Advise on Tax Consequences" 'negligence' 'causation' 'quantum of Damages' 'contributory Negligence']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ["Scope of solicitor's retainer and duty in relation to tax advice" 'Whether failure to advise on tax consequences was a breach of duty' 'Whether loss was caused by the breach' 'Contributory negligence' 'Quantum of damages']

Ratio Decidendi

The solicitor owed a duty to advise on or recommend obtaining advice regarding the possible tax consequences of the chosen method to realize the shares. The solicitor breached this duty by failing to provide such advice or recommendation. This breach caused Mrs Jurisich to incur tax liabilities she would not have suffered had she been properly advised, and there was no contributory negligence established.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff, Helen Jurisich, in the amount of $739,872.73.' 'Parties to provide to my associate within seven days an agreed list of convenient dates for argument concerning costs.']