Edwards v Legalese P/L T/A Peter Scragg & Associates

The appeal concerned a claim by the appellants, Mr and Mrs Edwards, against their former solicitor, Peter Scragg & Associates, for alleged negligence. The clients contended that the solicitor's negligent advice led to their financial losses. The primary dispute revolved around whether specific advice was given by the solicitor and, if so, whether that advice was causative of the losses suffered by the appellants. The matter was heard in the Supreme Court of South Australia.

The legal issues before the court were whether the primary judge erred in finding that the alleged negligent advice was not given, and consequently, that there was no breach of duty in tort. Further, the court considered whether the primary judge erred in finding that, even if a breach had been proven, the appellants had failed to establish that such a breach caused their losses. Finally, the court examined whether the primary judge's approach to determining the quantum of damages was flawed.

The court dismissed the appeal, upholding the primary judge's conclusion that the alleged advice was not provided and therefore no breach of duty occurred. The evidence presented supported the finding that the advice in question was not given. Furthermore, the court found that even if the advice had been given, the appellants had not demonstrated that they would have acted differently to save their company. Consequently, the appellants failed to establish that any alleged breach of duty was causative of their losses. The court also found no error in the primary judge's assessment of damages.