Denkewitz v Hodgson & Ors T/a Murray Lyons & Co

The plaintiff, Clive William Denkewitz, brought an action against his former solicitors, Douglas Hector Hodgson, John Campbell MacCallum, Christopher Mark Wright, and Bevlee Joy Reaston trading under the name or style of "Murray Lyons & Co." The plaintiff alleged professional negligence by the solicitors in failing to institute proceedings within the limitation period against another firm of solicitors, Messrs Mellick & Smith, for damages for personal injury he suffered. The plaintiff's cause of action against Messrs Mellick & Smith arose upon the expiration of the limitation period for bringing an action against Dean Pradel, an employee of Trinity Petroleum Services, for personal injury. Justice Ambrose held that both Messrs Mellick & Smith and Murray Lyons & Co. were in breach of their professional duty to the plaintiff. The court assessed the damages recoverable against Messrs Mellick & Smith by considering the value to the plaintiff of the loss of the chance to recover damages against Dean Pradel. The court assessed the plaintiff's prospects for success in any action against Dean Pradel if it had been tried in mid-1985. The court concluded that the plaintiff's case against Mr. Pradel if heard in mid-1985 would have been a weak one or at the very least a very risky one. The court assessed damages for frustration, anxiety, and disappointment suffered by the plaintiff for 1.75 years in the sum of $2,000 and assessed interest on that sum for a period of four years in the sum of $160. Justice Ambrose gave judgment for the plaintiff in the sum of $38,574.54.