Kekatos v Sanson & Ano

The appeal concerned a claim for professional negligence brought by the respondents, Mr and Mrs Sanson, against the appellant, Mr Kekatos, a solicitor. The Sansons alleged that Mr Kekatos had been negligent in his conduct of litigation on their behalf, which resulted in a less favourable outcome than they had anticipated. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether Mr Kekatos had breached his duty of care to his clients, the Sansons. Specifically, the court had to determine if the solicitor's conduct fell below the standard of reasonable care and skill expected of a solicitor in his position, and whether this alleged breach caused the Sansons loss. The court was not asked to determine whether the solicitor had guaranteed a particular outcome in the litigation.

The Court of Appeal found that the Sansons had failed to establish that Mr Kekatos had acted negligently. The court reasoned that a solicitor's duty is to exercise reasonable care and skill, not to guarantee a particular result. The evidence did not demonstrate that Mr Kekatos's actions or advice fell below the required standard of care, nor that any alternative course of action would have necessarily led to a better outcome for the Sansons.

Consequently, the appeal was allowed, the judgment of the District Court was set aside, and judgment was entered for the first defendant, Mr Kekatos, with costs. The respondents were also granted a certificate under the Suitors Fund Act.