MILLER and ANOR v BECK [1998] NSWCA 142

MILLER and ANOR v BECK [1998] NSWCA 142

The conventional measure of damages, being diminution in value, is not shown to create injustice in this case; rectification cost is inappropriate absent sufficient factual findings. Leave to appeal is not warranted.

Parties
Claimant: Miller; Opponent: Beck
Jurisdiction
Australia
Judgment Date
23 September 1998
Procedural Posture
Application for Leave to Appeal / Dismissal of Summons for Leave to Appeal
Outcome
Appeal dismissed; summons for leave to appeal dismissed with costs.
Legal Topics
Solicitor's Duty of Care, Measure of Damages, Unauthorised Building Works
Negligence Professional Liability Solicitor's Duty of Care Measure of Damages Unauthorised Building Works

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Parties

Miller

Claimant

Beck

Opponent

Procedural Posture

Application for Leave to Appeal / Dismissal of Summons for Leave to Appeal

Legal Issues

  1. 1 Whether the solicitor breached the duty of care in failing to advise about unauthorised building works and need for s317AE certificate
  2. 2 Proper measure of damages in solicitor negligence concerning conveyancing

Ratio Decidendi

The conventional measure of damages, being diminution in value, is not shown to create injustice in this case; rectification cost is inappropriate absent sufficient factual findings. Leave to appeal is not warranted.

Court Disposition

Appeal dismissed; summons for leave to appeal dismissed with costs.

Orders

  • Summons for leave to appeal dismissed with costs.