Thomas v Adam [2000] NSWCA 127

Thomas v Adam [2000] NSWCA 127

The appellant was not entitled to the claimed damages as the losses were not caused by the solicitor's negligence but by the appellant's own decisions and the council's refusal to vary the restriction. The trial judge applied the correct legal principles in assessing damages. There was no reasonable apprehension of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 May 2000
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['settlement of Land Purchase' "solicitor's Failure to Make Contract Conditional" "solicitor's Delay" 'damages for Professional Negligence' 'damages for Breach of Warranty']
['torts' 'professional Negligence'] ['settlement of Land Purchase' "solicitor's Failure to Make Contract Conditional" "solicitor's Delay" 'damages for Professional Negligence' 'damages for Breach of Warranty']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether damages resulted from the solicitor's negligence in failing to make the contract conditional upon the variation of a restriction on use" "Whether the solicitor's delay caused loss" 'Whether the damages claimed by the appellant were recoverable in law']

Ratio Decidendi

The appellant was not entitled to the claimed damages as the losses were not caused by the solicitor's negligence but by the appellant's own decisions and the council's refusal to vary the restriction. The trial judge applied the correct legal principles in assessing damages. There was no reasonable apprehension of bias affecting the trial.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']