Where a solicitor negligently fails to file a s 459G application to set aside a statutory demand within the 21-day time limit, all consequential losses flowing from the resulting presumption of insolvency — including costs orders in favour of the creditor, the client's own legal costs of defending winding up proceedings, and liquidator's fees if the company is wound up — are recoverable as reasonably foreseeable damages. The Court left open the question of whether advocate's immunity applies to a solicitor's failure to obtain evidence of solvency in a timely manner, but expressed doubt that such a failure was 'intimately connected' with the conduct of the case in court.
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