Benson v MacLachlan t/as Sterling Conveyancers

The appeal in *Benson v MacLachlan t/as Sterling Conveyancers* concerned a dispute arising from a contract for the sale of land. The appellant, Benson, sought to recover damages from the respondent, MacLachlan, a conveyancer trading as Sterling Conveyancers. The core of the dispute involved allegations that the conveyancer had failed to advise Benson on potential liability under the Corporations Law arising from an unincorporated company purporting to enter into a contract. The matter was heard on appeal by Meagher, Handley and Heydon JJA.

The legal issues before the court included whether the conveyancer had breached a duty of care owed to Benson by failing to adequately advise on the implications of an unincorporated company entering into a contract for the sale of land. Specifically, the court was required to determine if this failure constituted a breach of the conveyancer's professional obligations and if such a breach led to actionable loss for Benson.

The Court of Appeal ultimately dismissed the appeal. The reasoning of the court, though not detailed in the provided text, would have involved an assessment of the conveyancer's professional duties and the extent to which they were met in advising the client regarding the contractual arrangements and potential corporate liabilities. The legal principles applied would have concerned the standard of care expected of a conveyancer and the causation of loss. The appeal was dismissed with costs.