Liddy v Bazley

In *Liddy v Bazley*, the New South Wales Court of Appeal considered a claim for professional negligence brought by a plaintiff against solicitors. The plaintiff alleged that the solicitors had breached their duty of care by failing to advise on and prosecute a work injury damages claim after being instructed long after the expiry of the relevant limitation period.

The central legal issues before the Court of Appeal were whether the solicitors had breached their duty of care to the plaintiff, and if so, whether that breach had caused the plaintiff loss. Specifically, the court had to determine if the solicitors' failure to provide advice and pursue the claim constituted negligence, and if the plaintiff would have likely succeeded in obtaining an extension of time to bring the claim had proper advice been given. The assessment of damages also involved considering the comparative value of compensation entitlements and damages, including medical benefits, at a notional trial date.

The Court of Appeal found that the primary judge had erred in assessing the likely recovery at a notional trial. The court reasoned that the plaintiff's claim was unlikely to succeed, even with an extension of time, due to the significant delay and the potential for the claim to be dismissed. The court emphasised that the solicitors' duty included providing advice on the prospects of success and the comparative value of different entitlements, which they had failed to do.

Consequently, the Court of Appeal allowed the appeal, setting aside the judgment of the District Court. The plaintiff's claim was dismissed, and the plaintiff was ordered to pay the defendants' costs of the trial. The plaintiff was also ordered to pay the appellants' costs of the appeal, with a certificate granted under the *Suitors' Fund Act 1951* (NSW) for those costs.