Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey & the persons listed in Schedule A to the Notice of Appeal trading as Sparke Helmore

[2023] NSWCA 23

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Professional negligence
3. › Solicitors
4. › Duty to advise
5. › Scope of solicitor's duty to advise property developer client
6. › Whether failure to reiterate or repeat advice previously given constitutes breach of duty
7. › Whether solicitor obliged to go beyond client's express instructions
1. Appeal
2. › Notice of contention
3. › Attempt to raise issue not agitated at first instance
4. › Whether alternative basis of liability should be permitted on appeal
5. › Whether respondents would be prejudiced

Quick Take

Solicitors acting for property developers are not generally obliged to reiterate advice previously given or to go beyond express instructions, particularly where the client's officers have confirmed their understanding of the relevant contractual provisions.