Lucantonio v Stichter

[2014] NSWCA 5

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Lucantonio v Stichter [2014] NSWCA 5

Hearing dates:

4 March 2013

Decision date:

06 February 2014

Before:

McColl JA at [1], Basten JA at [96], Barrett JA at [145]

Decision:

(1) Appeal dismissed with costs.

(2) Cross-appeal dismissed.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

TORTS - professional negligence - causation - where appellant retained respondent solicitor on purchase of commercial property - where appellant paid deposit on property to vendor - where appellant was subsequently advised that proposed redevelopment of property could not proceed without further council approval and increased building costs - where appellant unsuccessfully sought to postpone settlement and negotiate reduced price or compensation with vendor - where appellant failed to complete contract following service of a notice to complete and vendor terminated contract - where respondent negligently failed to prove timely advice to the appellant following service of the notice to complete that completion of the contract was the "safest option" - whether respondent's negligence caused the appellant's loss - whether appellant would have completed the contract even if the respondent had provided him timely advice

Legislation Cited:

Civil Liability Act 2002
Conveyancing Act 1919
Environmental Planning and Assessment Act 1979
Fair Trading Act 1987

Cases Cited:

Adeels Palace Pty Ltd v Mourbarak [2009] HCA 48; (2009) 239 CLR 420
Hunt & Hunt Lawyers (a firm) v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10; (2013) 247 CLR 613
Kocis v SE Dickens Pty Ltd [1998] 3 VR 408
Lesandu Blacktown Pty Ltd v Gonzalez [2013] NSWCA 8
Lucantonio v Ciofuli [2002] NSWSC 509
Lucantonio v Ciofuli [2003] NSWSC 1058
Strong v Woolworths Ltd [2012] HCA 5; (2012) 246 CLR 182
Vairy v Wyong Shire Council [2005] HCA 62; (2005) 223 CLR 422
Wallace v Kam [2013] HCA 19; (2013) 87 ALJR 648

Category:

Principal judgment

Parties:

Dean Lucantonio - Appellant
Otto Stichter - Respondent

Representation:

Counsel:
G Laughton SC - Appellant
G Curtin SC - Respondent
Solicitors:
Gells Lawyers - Appellant
DLA Piper Australia - Respondent

File Number(s):

CA 2004/176817

Publication restriction:

No

 Decision under appeal 

Citation:

Lucantonio v Kleinert [2011] NSWSC 753

Date of Decision:

2011-07-20 00:00:00

Before:

Brereton J

File Number(s):

SC 2004/176817

Judgment

1. McCOLL JA: In 2001 Mr Dean Lucantonio, the appellant, and his wife Paulette Lucantonio, as trustees of the Lucantonio Family Trust, entered into a contract to purchase a commercial property at [XX] Majors Bay Road, Concord (the "property") from Lucia Ciofuli (the "vendor"). The purchase price was $2,200,000. They paid a deposit of $220,000 on exchange. The appellant wished to redevelop…