Mantonella Pty Ltd v Thompson

[2008] QCA 241

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › From District Court to Court of Appeal
4. › Reasonable argument of error
5. › Whether Magistrate's findings on solicitor's duty of care were supportable
1. Tort
2. › Negligence
3. › Professional negligence
4. › Solicitors
5. › Duty to advise client of risks of settling before contractual conditions satisfied
6. › Dual retainer
7. › Whether solicitor discharged duty by warning client who wished to proceed
1. Equity
2. › Fiduciary duties
3. › Solicitors
4. › Conflict of interest
5. › Acting for both parties to a transaction
6. › Duty to advise client to obtain independent legal advice

Quick Take

A solicitor acting for both parties to a transaction cannot rely on the client's expressed desire to proceed as a complete answer to an allegation of negligence in failing to advise about the risks of proceeding without contractual conditions being satisfied. The client's wish for the solicitor to continue acting does not discharge the solicitor's duty to advise about the conflict of interest and the advisability of independent representation.

Case Details

Citation[2008] QCA 241

CourtQCA

JurisdictionQueensland

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Cited by1

2009Mantonella P/L v ThompsonQCA 80

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