JAAFAR v SATTOUT [1992] NSWCA 117

JAAFAR v SATTOUT [1992] NSWCA 117

As no error was demonstrated in the trial judge's findings based on credibility and the issues raised on appeal were not litigated at trial, the appeal must be dismissed.

Parties
Appellant: Jaafar; Respondent: Sattout
Jurisdiction
Australia
Judgment Date
28 August 1992
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Duty of Care, Solicitor's Duties, Appeals, Procedural Fairness
Negligence Professional Negligence Duty of Care Solicitor's Duties Appeals Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Jaafar

Appellant

Sattout

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the solicitor breached the duty of care in failing to warn the clients about the sewer line
  2. 2 Whether new grounds of negligence and breach of contract may be raised for the first time on appeal

Ratio Decidendi

As no error was demonstrated in the trial judge's findings based on credibility and the issues raised on appeal were not litigated at trial, the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Appellants to pay the respondent's costs