Vukancic v Velcic [2007] NSWSC 1001

Vukancic v Velcic [2007] NSWSC 1001

The second defendant (Bells) was negligent in failing to commence proceedings against Velcic & Associates within the limitation period, resulting in Mr Vukancic losing a valuable cause of action. Damages are assessed by comparing his actual and hypothetical positions, factoring in the chances of success and the values of workers compensation and common law damages, and applying appropriate discounts for risks and vicissitudes.

Parties
Plaintiff: Zoran Vukancic; First Defendant: Nikola Velcic t/as Nikola Velcic & Associates; Second Defendant: Martin Bell t/as Martin Bell & Co Solicitors
Jurisdiction
Australia
Judgment Date
06 September 2007
Procedural Posture
Professional Negligence / Final Judgment
Outcome
Judgment for plaintiff against second defendant
Legal Topics
Employer's Liability, Solicitor's Duty, Workers Compensation, Loss of a Chance, Damages Assessment, Civil Procedure
Tort Law Professional Negligence Personal Injury Employer's Liability Solicitor's Duty Workers Compensation Loss of a Chance Damages Assessment +1 more

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Parties

Zoran Vukancic

Plaintiff

Nikola Velcic t/as Nikola Velcic & Associates

First Defendant

Martin Bell t/as Martin Bell & Co Solicitors

Second Defendant

Procedural Posture

Professional Negligence / Final Judgment

Legal Issues

  1. 1 Were Martin Bell & Co Solicitors negligent in failing to commence proceedings within the limitation period?
  2. 2 What damages would Mr Vukancic have recovered from Dalma Formwork Pty Limited if successful in a common law employers' liability claim?
  3. 3 What were Mr Vukancic's prospects of success in such a claim against Dalma?

Ratio Decidendi

The second defendant (Bells) was negligent in failing to commence proceedings against Velcic & Associates within the limitation period, resulting in Mr Vukancic losing a valuable cause of action. Damages are assessed by comparing his actual and hypothetical positions, factoring in the chances of success and the values of workers compensation and common law damages, and applying appropriate discounts for risks and vicissitudes.

Court Disposition

Judgment for plaintiff against second defendant

Orders

  • Second defendant to pay the plaintiff $84,944
  • Second defendant to pay the plaintiff's costs including costs of proceedings against first defendant up to and including 5 July 2007, such costs to be assessed on an ordinary basis