12 Dec 2011
APPLETON AND RYAN AS TRUSTEES OF THE APPLETON FAMILY TRUST V TAURANGA LAW HC TAU CIV 2010-070-385
- Citation
- openlaw-fc7f59e9_09db_4b92_8559_450ca1e5511d.pdf
- Court
- High Court
The court held a tortious duty of care arose by 29 April 2004 when the solicitor received the vendor's papers and assumed responsibility, and the solicitor was negligent in failing to give sufficiently detailed and timely advice; however the plaintiff failed on causation because he had formed a fixed intention to proceed and would not have cancelled even if properly advised, so the negligence did not cause the loss and the plaintiff's claim fails.