Cooper v Winter

The appeal in *Cooper v Winter* concerned allegations of negligence, breach of fiduciary duty, and breach of duty of care brought by the appellant against the respondent solicitors. The dispute arose from a transaction in which the appellant alleged the solicitors owed duties to him, both as a client and a former client, in relation to that transaction. The primary judge had found that no solicitor-client retainer existed and that no duty of care or fiduciary duties were owed to the appellant concerning the transaction.

The central legal issues before the Court of Appeal were whether the primary judge had erred in finding that no solicitor-client retainer was established, and consequently, whether the primary judge had erred in holding that no duty of care or fiduciary duties were owed to the appellant. Further, the court was asked to consider whether the primary judge had erred in finding that, even if such duties were owed, there was no breach of those duties, and no loss had been caused to the appellant as a result of the solicitors' conduct.

The Court of Appeal, comprising McColl, Barrett and Ward JJA, dismissed the appeal. Their Honours upheld the primary judge's findings that no solicitor-client retainer existed and that, accordingly, no duty of care or fiduciary duties were owed to the appellant in relation to the transaction in question. The court found no error in the primary judge's conclusion that the appellant had not suffered any loss as a result of the respondent's conduct. The appeal was dismissed with costs.