Recent Cases

Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey & the persons listed in Schedule a to the Notice of Appeal trading as Sparke Helmore [2023] NSWCA 23 (22 February 2023) (Gleeson, Leeming and White JJA)


Catchwords:


NEGLIGENCE – professional negligence – duty to advise – scope of solicitors’ duty to advise property developer – where client suffers loss in the form of rescinded contracts for the sale of off-the-plan units upon failing to give timely notice of extension of time for completion – where client alleges that that loss was caused by solicitors’ failure to advise of time within which client had the right to extend Registration Date and to seek instructions – where solicitors had previously advised officers of client of time limit within which right to extend contracts needed to be exercised – whether failure to reiterate or repeat advice closer to expiry of time limit constitutes breach of duty to advise – whether apparent that officers of client misunderstood previous advice –– held no breach of duty to advise by failure to reiterate advice previously imparted

APPEALS – notice of contention – attempt to raise issue not agitated at first-instance – where appellant sought to establish respondents’ liability in negligence on alternative basis from that contended at trial – whether alternative basis should be permitted – held impermissible for appellant to raise new ground of liability on appeal where respondents would be prejudiced – no issue of principle