Williams v Pagliuca [2009] NSWCA 250

Williams v Pagliuca [2009] NSWCA 250

Damages should be awarded to the Vendors for the Solicitor's negligence regarding Unit 5, assessed as 30% of the loss of bargain, as the lost chance of completing the sale was not certain. No damages for Unit 1 were warranted, as no breach of duty was established and causation of loss was not proven. The Bullock order on costs was justified because the Solicitor's conduct contributed to the Vendors incurring the Purchaser's costs.

Jurisdiction
Australia
Judgment Date
19 August 2009
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part.
Legal Topics
["solicitors' Duties" 'negligence' 'conveyancing' 'breach of Contract' 'loss of Chance' 'bullock Order' 'costs']
['legal Practitioners' 'damages'] ["solicitors' Duties" 'negligence' 'conveyancing' 'breach of Contract' 'loss of Chance' 'bullock Order' 'costs']

Case Brief

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Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ["Whether any loss was caused by the Solicitor's breach concerning the proposed contract for Unit 5" 'Whether there was a breach by the Solicitor concerning the proposed contract for Unit 1' 'Whether any loss was caused by any breach concerning Unit 1' 'Whether the primary judge was correct in ordering the Solicitor to reimburse the Vendors for costs']

Ratio Decidendi

Damages should be awarded to the Vendors for the Solicitor's negligence regarding Unit 5, assessed as 30% of the loss of bargain, as the lost chance of completing the sale was not certain. No damages for Unit 1 were warranted, as no breach of duty was established and causation of loss was not proven. The Bullock order on costs was justified because the Solicitor's conduct contributed to the Vendors incurring the Purchaser's costs.

Court Disposition

Appeal allowed in part.

Orders

  • ['Orders 2 and 3 made on 11 August 2008 set aside.' 'Judgment for the Vendors against the Solicitor in the amount of $55,500, and the Vendors awarded interest from 4 November 2005 to 31 July 2007 in the amount of $23,844, such orders to take effect as at 11 August 2008.' "Vendors to pay the Solicitor's costs of the...