Where a Full Court has previously found an arguable cause of action, that finding may effectively preclude a subsequent grant of summary judgment on the same issue, particularly where the plaintiff is unrepresented and has not had a proper opportunity to plead and evidence the critical issues. In solicitor's negligence cases involving loss of opportunity, the plaintiff must identify what the proper advice would have been, what course of action would have been adopted, and what loss flowed from the failure to give that advice.
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