Odlum v Friend [2024] NSWCA 159

Odlum v Friend [2024] NSWCA 159

The advice provided by the respondents about the costs offers was not negligent; Ms Odlum was appropriately advised regarding settlement and risk. Even if there were any defect in advice, there was no causal connection between the advice and the loss claimed, as Ms Odlum would not have accepted the advice to pay any amount for costs, and her opportunity to purchase the property was not lost by the respondents' actions.

Parties
Appellant: Judith Odlum; First Respondent: Stephen Friend t/as Friend and Co Lawyers; Second Respondent: Andrew Paterson
Jurisdiction
Australia
Judgment Date
03 July 2024
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Advice on Settlement, Causation in Professional Negligence, Assessment of Damages, Duty of Care of Legal Professionals
Negligence Professional Negligence Advice on Settlement Causation in Professional Negligence Assessment of Damages Duty of Care of Legal Professionals

Case Brief

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Parties

Judith Odlum

Appellant

Stephen Friend t/as Friend and Co Lawyers

First Respondent

Andrew Paterson

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondents were negligent in their advice regarding settlement and cost consequences of offers made to Ms Odlum before a property adjustment costs hearing
  2. 2 Whether such advice, if negligent, caused Ms Odlum loss, particularly the alleged loss of opportunity to purchase the property

Ratio Decidendi

The advice provided by the respondents about the costs offers was not negligent; Ms Odlum was appropriately advised regarding settlement and risk. Even if there were any defect in advice, there was no causal connection between the advice and the loss claimed, as Ms Odlum would not have accepted the advice to pay any amount for costs, and her opportunity to purchase the property was not lost by the respondents' actions.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant is to pay the respondents' costs of the appeal.