Hatzigeorgiou v Baker [1999] NSWSC 134

Hatzigeorgiou v Baker [1999] NSWSC 134

The defendant was negligent by failing to advise the deceased of his options regarding workers' compensation and common law proceedings at the appropriate time, and by causing unreasonable delay in the conduct of the claim which resulted in the deceased being deprived of timely access to the judgment sum and interest; damages assessed at $60,000 plus five years' interest at 15% ($45,000), totaling $105,000.

Jurisdiction
Australia
Judgment Date
03 March 1999
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiffs
Legal Topics
['solicitor and Client' 'delay in Proceedings' "workers' Compensation" 'assessment of Damages']
['negligence' 'professional Liability' 'damages'] ['solicitor and Client' 'delay in Proceedings' "workers' Compensation" 'assessment of Damages']

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the defendant solicitor breached duty of care owed to the deceased client' 'Whether negligent advice and delay caused loss to the deceased estate' 'Responsibility for delay in proceedings' 'Assessment of damages based on deprivation from judgment']

Ratio Decidendi

The defendant was negligent by failing to advise the deceased of his options regarding workers' compensation and common law proceedings at the appropriate time, and by causing unreasonable delay in the conduct of the claim which resulted in the deceased being deprived of timely access to the judgment sum and interest; damages assessed at $60,000 plus five years' interest at 15% ($45,000), totaling $105,000.

Court Disposition

Judgment for the plaintiffs

Orders

  • ['Judgment for the plaintiffs in the sum of $105,000.' "Plaintiffs to pay defendant's costs thrown away by reason of the vacation of the hearing date appointed for 11 February 1997." "Defendant to pay plaintiffs' costs of the cause, except for costs of adjournment."]