Recent Cases

Rahme v Benjamin & Khoury Pty Ltd [2019] NSWCA 211 (30 August 2019) (Bathurst CJ at [1]; Macfarlan JA at [2]; McCallum JA at [142])


EQUITY – fiduciary duties – whether fiduciary duties owed by a solicitor during negotiations for and steps taken to establish a solicitor/client relationship – breach – whether client gave fully informed consent to enter into agreements with solicitor – whether advice “independent” and “meaningful”

CIVIL LIABILITY – Civil Liability Act 2002 – defences of contributory negligence and proportionate liability not available in answer to claim for breach of fiduciary duties – claim arising “from a failure to take reasonable care” requires absence of reasonable care to be an element of the cause of action