Odlum v Friend & Anor [2022] NSWSC 574

Odlum v Friend & Anor [2022] NSWSC 574

The Court found the defendants exercised due care and skill in their advice regarding the costs offers. The plaintiff was adequately informed of the risks, chose not to accept the offers, and causation was not established as she would not have accepted advice to settle even if given differently. Accordingly, there was no breach of duty or causative loss.

Parties
Plaintiff: Judith Anne Odlum; First Defendant: Stephen James Friend trading as Friend and Co Lawyers; Second Defendant: Andrew James Paterson
Jurisdiction
Australia
Judgment Date
12 May 2022
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the defendants.
Legal Topics
Lawyer and Client, Advice About Settlement, Costs Consequences
Negligence Professional Negligence Lawyer and Client Advice About Settlement Costs Consequences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Judith Anne Odlum

Plaintiff

Stephen James Friend trading as Friend and Co Lawyers

First Defendant

Andrew James Paterson

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants were negligent in advising the plaintiff about costs offers made by her former partner after judgment in de facto property proceedings
  2. 2 Whether the defendants breached their duty of care or engaged in misleading or deceptive conduct under the Fair Trading Act 1987 (NSW)

Ratio Decidendi

The Court found the defendants exercised due care and skill in their advice regarding the costs offers. The plaintiff was adequately informed of the risks, chose not to accept the offers, and causation was not established as she would not have accepted advice to settle even if given differently. Accordingly, there was no breach of duty or causative loss.

Court Disposition

Judgment for the defendants.

Orders

  • Judgment for the first and second defendants.
  • Plaintiff to pay the defendants' costs.