Vukmirica v Betyounan

[2008] NSWCA 16

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Solicitor's duty of care
3. › Multiple clients in same transaction
4. › Husband and wife as joint borrowers
5. › Whether solicitor required to obtain instructions from each client separately
6. › Whether authority of one client to instruct on behalf of another
1. Agency
2. › Actual authority
3. › Implied authority from conduct
4. › Husband and wife
5. › Whether authority to retain solicitor implies authority to give substantive instructions
6. › Whether acquiescence in retainer confers general authority
1. Agency
2. › Ostensible authority
3. › Representation by conduct
4. › Whether return of signed documents through husband constituted representation of authority
1. Appeal
2. › New trial
3. › Error in fact-finding
4. › Failure to make findings on material issues
5. › Failure to address fabrication of documents
6. › Whether findings on causation materially flawed

Quick Take

A solicitor retained by multiple clients in the same transaction must obtain instructions from each client separately; authority conferred by one client to retain the solicitor does not extend to authority to give substantive instructions on behalf of co-clients. A trial judge who relies on observations of parties in the well of the court must disclose this to counsel before using such observations in the judgment.