A client claiming loss from a solicitor's misleading costs estimates must adduce evidence of what a reasonable estimate would have been at the relevant time and prove that they would have adopted a different course had accurate estimates been provided. Where a client was closely involved in the litigation and aware of costs being incurred, the failure to provide formal updated estimates may not be causative of loss. A costs assessor's exercise of discretion under s 317(4) of the Legal Profession Act 2004 (NSW) to discount costs by 5% for failure to provide adequate costs disclosure is not reviewable on appeal merely because the discount appears low relative to the magnitude of the failure, absent House v The King error.
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