North Coast Conveyancing Pty Ltd v Bradbury [2015] NSWCA 361

North Coast Conveyancing Pty Ltd v Bradbury [2015] NSWCA 361

The appeal was allowed because the trial judge did not make critical findings of fact relating to causation, which were essential to support a judgment in favour of the respondents. Mediation was ordered before a retrial limited to the claim for damages calculated by reference to the forfeited option fee and interest thereon.

Jurisdiction
Australia
Judgment Date
23 November 2015
Procedural Posture
Appeal / Leave to Appeal and Appellate Decision
Outcome
Leave to appeal granted; appeal allowed; District Court orders set aside; proceedings referred to mediation; retrial ordered if no settlement; costs directions given.
Legal Topics
['negligent Advice' 'causation' 'conveyancing Negligence' 'option to Purchase' 'damages' 'mediation' 'appellate Procedure']
['torts' 'property Law' 'civil Procedure'] ['negligent Advice' 'causation' 'conveyancing Negligence' 'option to Purchase' 'damages' 'mediation' 'appellate Procedure']

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Procedural Posture

Appeal / Leave to Appeal and Appellate Decision

Legal Issues

  1. 1 ["Whether negligent advice given by conveyancer caused respondents' loss of option fee" 'Whether trial judge made necessary findings of fact on causation' 'Whether but for negligent advice, respondents would have entered into option agreement' 'Whether loss of option fee was caused by negligent advice' 'Whether evidence sufficient to dispose of appeal']

Ratio Decidendi

The appeal was allowed because the trial judge did not make critical findings of fact relating to causation, which were essential to support a judgment in favour of the respondents. Mediation was ordered before a retrial limited to the claim for damages calculated by reference to the forfeited option fee and interest thereon.

Court Disposition

Leave to appeal granted; appeal allowed; District Court orders set aside; proceedings referred to mediation; retrial ordered if no settlement; costs directions given.

Orders

  • ['Grant the applicant leave to appeal from the judgment and orders in the District Court.' 'Allow the appeal and set aside orders (1) and (2) entered on 24 February 2015 and order (1) entered on 26 March 2015.' 'Refer the proceedings to a Registrar of the Court to conduct a mediation at a time to be fixed by the...