Coshott v Barry

The parties to this appeal were Coshott (the appellant) and Barry (the respondent). The dispute concerned allegations of negligence against a solicitor arising from the handling of the clients' case. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the solicitor had been negligent in the conduct of the clients' case, whether the clients had exercised control over the proceedings, and whether the advocate's immunity applied to the solicitor's actions. The court also considered the essential elements of an action for negligence and the recoverability of damages for loss of a commercial opportunity.

The Court of Appeal upheld the decision of the trial judge, finding that the solicitor had not erred in the handling of the Vardas 3 Claim. The court's reasoning, as articulated by Ipp JA and agreed with by Campbell JA and Beazley JA, implicitly determined that the solicitor's conduct did not fall below the required standard of care and that the clients had not exercised sufficient control to negate the solicitor's professional responsibility. The principle of advocate's immunity was also considered in the context of the solicitor's actions.

The appeal was dismissed with costs.