Hudson Investment Group Limited v John Ljubomir Atanaskovic

[2015] HCASL 54

HUDSON INVESTMENT GROUP LIMITED

v

JOHN LJUBOMIR ATANASKOVIC & ORS

[2015] HCASL 54
S231/2014

1. The applicant instructed a firm of solicitors in which the respondents are partners to draft a deed ("the deed") entitling it to be paid the first $10 million of proceeds derived from the disposal of land ("the land") owned by its wholly owned subsidiary ("Hardboards").  The applicant and Hardboards executed the deed on 8 June 2001.  Hardboards subsequently sold part of the land.  The applicant commenced proceedings against Hardboards and was granted an order for specific performance of the deed.  In these and related proceedings, Hardboards contended that the obligation to pay under the deed did not apply to partial disposals of the land.  Those proceedings were eventually compromised.

2. The applicant commenced these proceedings against the respondents, claiming damages for loss suffered as a result of the respondents' negligent failure to ensure that the deed clearly applied to partial disposals of the land.  On 11 February 2013, the Supreme Court of New South Wales dismissed the applicant's claim.  Simpson J held that the wording of the deed reflected the applicant's instructions to the respondents and, in any event, the terms of the deed did not cause the applicant any loss.

3. On 5 August 2014, the Court of Appeal of the Supreme Court of New South Wales dismissed the applicant's appeal.  Sackville AJA (with whom Beazley P and Ward JA agreed on this point) held that it was not appropriate for the scope of the respondents' liability to extend to the applicant's loss because the applicant's loss was, in part, the result of the applicant's own independent and unreasonable actions. 

4. The applicant now seeks special leave to appeal to this Court.  No reason is shown to doubt the correctness of the decision of the Court of Appeal.  An appeal to this Court would enjoy insufficient prospects of success to warrant the grant of special leave to appeal.  Special leave is refused.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application, with costs.

S.M. Kiefel
9 April 2015 P.A. Keane