Young v Masselos & Co [2010] NSWDC 169

Young v Masselos & Co [2010] NSWDC 169

On the admitted breach of duty and causation analysis, having regard to the relevant statutes and principles, the plaintiff established an entitlement to damages for the solicitor's negligence in failing to advise and commence proceedings for a common law claim within the limitation period. After all adjustments for apportionment, workers' compensation, litigation risk, and offsets, the plaintiff is entitled to judgment for $67,344.75 including interest.

Jurisdiction
Australia
Judgment Date
13 August 2010
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['legal Practitioners' "solicitors' Duty of Care" 'limitation Periods' "occupier's Liability" "workers' Compensation" 'measure of Damages' 'causation' 'assessment and Adjustment of Damages']
['torts' 'negligence' 'professional Negligence'] ['legal Practitioners' "solicitors' Duty of Care" 'limitation Periods' "occupier's Liability" "workers' Compensation" 'measure of Damages' 'causation' 'assessment and Adjustment of Damages']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the defendant solicitor owed and breached a duty of care to the plaintiff regarding advice and commencement of proceedings within limitation period' "Whether the plaintiff's barred claim against the Commonwealth would likely have succeeded if litigated" "Apportionment of liability between occupier and employer under s 151Z of Workers' Compensation Act 1987" 'Assessment and adjustment of notional damages' "Establishment of causation and quantum of plaintiff's loss"]

Ratio Decidendi

On the admitted breach of duty and causation analysis, having regard to the relevant statutes and principles, the plaintiff established an entitlement to damages for the solicitor's negligence in failing to advise and commence proceedings for a common law claim within the limitation period. After all adjustments for apportionment, workers' compensation, litigation risk, and offsets, the plaintiff is entitled to judgment for $67,344.75 including interest.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $67,344.75 including interest' "The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered" 'The exhibits may be returned' 'Liberty to apply on 7 days notice if further orders are required']