S W & M Brittain Pty Limited & Ors v Forsters [2009] NSWSC 609

S W & M Brittain Pty Limited & Ors v Forsters [2009] NSWSC 609

The action failed because the court found the defendant solicitor was retained solely to finalise the lease and fulfilled his duty in that regard; the plaintiffs' claims that the defendant failed to advise on alleged representations and other matters lacked credibility and evidential support.

Jurisdiction
Australia
Judgment Date
01 July 2009
Procedural Posture
Negligence Professional Liability / Principal Judgment After Trial
Outcome
Judgment for the defendant
Legal Topics
["solicitor's Duty of Care" 'lease Agreements' 'breach of Duty' 'damages' 'business Failure']
['negligence' 'professional Liability'] ["solicitor's Duty of Care" 'lease Agreements' 'breach of Duty' 'damages' 'business Failure']

Case Brief

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Procedural Posture

Negligence Professional Liability / Principal Judgment After Trial

Legal Issues

  1. 1 ['Whether the defendant solicitor breached his duty of care to the plaintiffs in advising on the lease of the shop' 'Whether the defendant failed to advise on representations and disclosure relevant to the lease' 'Whether alleged representations were made to and relied upon by the plaintiffs']

Ratio Decidendi

The action failed because the court found the defendant solicitor was retained solely to finalise the lease and fulfilled his duty in that regard; the plaintiffs' claims that the defendant failed to advise on alleged representations and other matters lacked credibility and evidential support.

Court Disposition

Judgment for the defendant

Orders

  • ['Judgment for the defendant']