PHILLIPS v BISLEY and ORS [1997] NSWCA 246

PHILLIPS v BISLEY and ORS [1997] NSWCA 246

The appellant lost nothing of value through the respondents’ negligence because there was no viable cause of action against the second defendant and the actual loss proved was less than the settlement received; therefore, no damages were recoverable against the solicitors.

Parties
Appellant: Phillips; Respondents: Bisley and Ors
Jurisdiction
Australia
Judgment Date
18 March 1997
Procedural Posture
Civil Appeal / Court of Appeal Decision
Outcome
appeal dismissed
Legal Topics
Solicitor Negligence, Limitation of Actions, Causation, Damages, Motor Vehicle Accident
Tort Law Negligence Legal Practitioners' Liability Solicitor Negligence Limitation of Actions Causation Damages Motor Vehicle Accident

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Parties

Phillips

Appellant

Bisley and Ors

Respondents

Procedural Posture

Civil Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the appellant suffered a compensable loss due to the respondents' (solicitors') failure to commence a claim in Queensland within the limitation period.
  2. 2 Whether damages can be assessed against solicitors for lost chance of action against a third party.

Ratio Decidendi

The appellant lost nothing of value through the respondents’ negligence because there was no viable cause of action against the second defendant and the actual loss proved was less than the settlement received; therefore, no damages were recoverable against the solicitors.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.