› where solicitor failed to draft notice to complete with reasonable care
› client subsequently repudiated the contract
› purchaser sued client for return of the deposit and damages
› deposit repaid but no damages or costs awarded against client
› whether unpaid deposit instalment would have been unrecoverable as a penalty in any event
› causation of loss
› whether client suffered loss by not lawfully terminating the contract
Breach of Fiduciary Duty
› where solicitor continued to act for client in defence of litigation brought against client about defective notice to complete
› solicitor acted in circumstances where there was a conflict or possible conflict of interest and duty
› where client nonetheless won the litigation
› whether client suffered loss
Breach of Fiduciary Duty
› where solicitor acted for client on negotiation and implementation of refinance
› where solicitor received payments from funds drawndown from new finance
› payments for past legal costs and refinance expenses not properly accounted for
› whether monetary benefit or profit received by solicitors when acting in circumstances where there was a conflict or possible conflict of interest and duty
Case Details
Citation[2025] NSWSC 541
CourtNSWSC
JurisdictionNew South Wales
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