Jemmeson and Fisher T/As Jemmeson and Fisher Solicitors and ACCOUNTANTS v Lambert

Jemmeson and Fisher T/As Jemmeson and Fisher Solicitors and Accountants (the plaintiffs) brought proceedings against Lambert (the defendant) in the District Court of New South Wales. The dispute concerned the plaintiffs' claim for outstanding professional fees for accounting services rendered to the defendant. The defendant counterclaimed, alleging negligence on the part of the plaintiffs in their provision of these services.

The primary legal issues before the court were whether the plaintiffs had established their claim for the unpaid fees, and if so, whether the defendant's counterclaim for negligence was successful. Specifically, the court had to determine if the accounting services provided by the plaintiffs met the required standard of care and skill, and if any breach of that standard caused the defendant loss.

Judge Raphael found that the plaintiffs had sufficiently proven their entitlement to the outstanding fees. On the counterclaim, the court determined that while there may have been some minor oversights in the plaintiffs' work, these did not fall below the standard of care expected of a reasonably competent accountant in the circumstances, nor did they cause the defendant quantifiable loss. Consequently, the defendant's counterclaim was dismissed. The court ordered that the defendant pay the plaintiffs the sum of $10,000, plus interest and costs.