Soia v Bennett

(2014) 46 WAR 301; [2014] WASCA 27

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Formation
3. › Whether contract formed at meeting
4. › Post-contractual conduct as evidence of contract formation
5. › Budget document as concept document not binding agreement
1. Fair Trading
2. › Misleading or deceptive conduct
3. › Representations as to future matters
4. › Whether amendment to plead s 9 Fair Trading Act 1987 (WA) should be allowed after close of evidence
5. › Whether representations relied upon
6. › Fair Trading Act 1987 (WA), s 9
1. Equity
2. › Fiduciary duties
3. › Solicitor and client
4. › Scope of fiduciary relationship
5. › Whether fiduciary duties arising from retainer in one matter extend to arms-length dealings in unrelated matter
1. Practice and Procedure
2. › Costs
3. › Successful litigant in person who is a solicitor
4. › Chorley exception
5. › Whether Dobree v Hoffman should be overruled
6. › Whether same rule should apply across all Australian jurisdictions

Quick Take

The Chorley exception now applies in Western Australian State courts: a successful solicitor litigant in person may recover costs for legal work done on their own behalf. Dobree v Hoffman is overruled. Fiduciary duties arising from a solicitor-client retainer in one matter do not extend to independent arms-length commercial dealings between the same parties in an unrelated matter. There is no freestanding fiduciary duty to recommend that a client obtain independent legal advice; rather, the obtaining of independent advice is relevant to the defence of informed consent to a transaction involving a conflict of interest.