Loumbos v Gray as a named partner of ClarkeKann (ABN 92 990 809 254)

[2021] NSWSC 1579

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Negligence
2. › causation
3. › scope of liability
4. › consideration of what plaintiff would have done if defendants had advised him to obtain independent legal advice
5. › not persuaded on the evidence that the plaintiff would have taken a different course or there would have been a different outcome if he did
6. › plaintiff failed to discharge onus
1. Evidence
2. › credibility of witnesses
3. › contest of fact between witnesses
4. › plaintiff had poor recollection, inconsistencies between oral evidence and evidence in earlier proceedings, and contemporaneous documents favour the defendants’ case
5. › determination that the evidence supports the defendants’ case