Hendriks v McGeoch

The case of *Hendriks v McGeoch* concerned an appeal from a judgment in favour of the plaintiff, Mr McGeoch, against the defendants, Mr and Mrs Hendriks. The dispute arose from a property transaction where the plaintiff alleged negligence on the part of the defendants, who were described as the "family solicitor" in relation to the transfer of property from the plaintiff's mother to her sons. The primary court had awarded the plaintiff damages for loss of a chance.

The Court of Appeal was required to determine several key legal issues. These included whether an express or implied retainer existed between the parties, whether the defendants owed a duty of care to the plaintiff as an intended beneficiary of a will, and whether such a duty could exist without conflicting with the duty owed to their client. The court also considered the assessment of damages for loss of chance, the principles governing costs following the event, and the costs associated with issues abandoned at the commencement of proceedings, in light of the Uniform Civil Procedure Rules.

The Court of Appeal allowed the appeal in part, finding that the original judgment for the plaintiff against the defendants for $422,834 should be set aside. In its place, the court ordered that judgment be entered for the plaintiff against the defendants for a sum to be determined by the Registrar, taking into account the court's reasons and the parties' agreement on the computation of damages. The parties were directed to confer and advise the Registrar of the agreed amount within seven days. The appellants were ordered to pay 50 per cent of the respondent's costs of the appeal, and the application for leave to cross-appeal was dismissed with costs.