Ined Pty Limited v Partridge Partners Pty Limited

Ined Pty Limited (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's claim for damages against Partridge Partners Pty Limited (the respondent) for alleged negligence in the conduct of litigation. The appellant contended that the respondent, its former solicitors, had negligently failed to advise it of the full implications of a settlement offer made by the opposing party in prior proceedings, leading to the appellant accepting a settlement that was less advantageous than it otherwise would have been.

The primary legal issue before the Court of Appeal was whether the respondent had breached its duty of care to the appellant by failing to provide adequate advice regarding the settlement offer. This involved determining the standard of care expected of a solicitor in advising a client on settlement, and whether the respondent's conduct fell below that standard. The Court also considered the question of causation, namely whether any alleged breach of duty by the respondent had caused the appellant to suffer loss.

The Court of Appeal found that the respondent had not breached its duty of care. It reasoned that the respondent had provided the appellant with sufficient information and advice concerning the settlement offer, including its potential benefits and drawbacks. The Court emphasised that a solicitor's duty is to advise, not to dictate a client's decision, and that the appellant had ultimately made an informed choice to accept the settlement. The principles applied included the established standard of care for legal professionals and the requirement for a client to demonstrate that a solicitor's negligence caused their loss.

The appeal was dismissed.