Hana v Shad Legal Services Pty Ltd

[2021] NSWCA 258

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Abuse of process
3. › Collateral attack on earlier decision
4. › Statement of claim premised on factual finding resolved adversely in prior proceedings
5. › Whether professional negligence claim against solicitor constitutes collateral attack on Court of Appeal's finding in probate proceedings
1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › Abuse of process
5. › Leave to replead
6. › Whether claim against solicitor for negligent preparation of will can be repleaded to avoid abuse of process
1. Tort
2. › Negligence
3. › Professional negligence
4. › Solicitors
5. › Negligent preparation of will
6. › Loss of opportunity
7. › Whether claim for loss of opportunity to have different will executed avoids collateral attack on probate decision

Quick Take

Professional negligence claims against solicitors following adverse probate proceedings must be framed as a loss of opportunity (for the testator to execute a different will) rather than as premised on the correctness of the will that was denied probate, to avoid being struck out as an abuse of process.