JIWIRA PTY LTD and ANOR v FERRIER and ORS [1997] NSWCA 168

JIWIRA PTY LTD and ANOR v FERRIER and ORS [1997] NSWCA 168

No successful challenge was made to the trial judge's factual findings that the solicitors' retainer ended because Mr Baker consciously chose not to pay owed fees and resistance to winding up was futile; thus, no breach of contract or causal connection between alleged breach and damages was established.

Parties
Appellant: Jiwira Pty Ltd; Appellant: Mr Baker; Respondent: Ferrier & Co; Respondent: Ms Mary Walker
Jurisdiction
Australia
Judgment Date
21 August 1997
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Solicitor and Client, Breach of Contract, Consequential Damages
Legal Practitioners Contract Law Solicitor and Client Breach of Contract Consequential Damages

Case Brief

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Parties

Jiwira Pty Ltd

Appellant

Mr Baker

Appellant

Ferrier & Co

Respondent

Ms Mary Walker

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether respondent solicitors committed breach of contract in terminating retainer
  2. 2 Whether breach, if any, causally resulted in consequential damages to appellants

Ratio Decidendi

No successful challenge was made to the trial judge's factual findings that the solicitors' retainer ended because Mr Baker consciously chose not to pay owed fees and resistance to winding up was futile; thus, no breach of contract or causal connection between alleged breach and damages was established.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs