PROFESSIONAL NEGLIGENCE — plaintiff sues former solicitor — where plaintiff sought effective ownership and control of family farming and grazing business — where business shares were to be acquired by plaintiff from family members — whether solicitor was retained by plaintiff — where solicitor denied existence of retainer — no formal retainer — whether retainer implied by conduct of parties — where professional relationship between solicitor and plaintiff's family spanned generations — retainer existed — whether breach of retainer or duty of care — where solicitor advised parties on both sides of transaction — conflict of interest — where misuse of confidential information — where failure to advise client properly — breach of duty and retainer — causation — whether breaches disadvantaged plaintiff's negotiating position at mediation — whether breaches influenced final settlement sum offered — where plaintiff influenced by own conduct independent of defendant
Case Details
Citation[2013] NSWSC 568
CourtNSWSC
JurisdictionNew South Wales
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