Dubow v Miller Goddard

The case of Dubow v Miller Goddard involved the plaintiff, Mr. Dubow, suing the defendant law firm, Miller Goddard, for professional negligence in the preparation of a will. The dispute arose from the alleged failure of the law firm to properly advise Mr. Dubow on the implications of the will they drafted, leading to significant legal and financial consequences for Mr. Dubow. The case was heard in the Supreme Court of New South Wales.

The primary legal issues before the court were whether the law firm owed a duty of care to Mr. Dubow in the preparation of his will, whether this duty was breached, and if the breach resulted in damages that could be quantified. The court also had to consider the standard of care expected from legal professionals when preparing such critical documents and whether the law firm's actions met this standard.

The court found that the law firm did indeed owe a duty of care to Mr. Dubow in the preparation of his will, and that this duty was breached. The court held that the firm failed to adequately explain the consequences of the terms of the will, leading to Mr. Dubow's dissatisfaction with the document and subsequent legal complications. The court concluded that the breach of duty resulted in quantifiable damages for Mr. Dubow, as he had to incur additional legal fees and other costs to rectify the situation. The court ordered the law firm to compensate Mr. Dubow for the damages suffered due to their negligence.