Lucantonio v Stichter

In *Lucantonio v Stichter*, the appellant, Mr Lucantonio, appealed a decision of the primary judge concerning a claim of professional negligence against the respondent, his solicitor. Mr Lucantonio had retained the respondent to act on his behalf in the purchase of a commercial property. Following the exchange of contracts and payment of a deposit, Mr Lucantonio was advised that the proposed redevelopment of the property faced significant obstacles, including the need for further council approval and increased building costs. He subsequently attempted to postpone settlement or negotiate a reduced price or compensation with the vendor, but these efforts were unsuccessful. After the vendor served a notice to complete, Mr Lucantonio failed to complete the contract, leading to its termination by the vendor.

The central legal issues before the Court of Appeal were whether the respondent's admitted negligence in failing to provide timely advice to Mr Lucantonio following the service of the notice to complete caused Mr Lucantonio's loss, and whether Mr Lucantonio would have completed the contract even if he had received that timely advice. The respondent's negligence lay in failing to advise Mr Lucantonio that completion of the contract was the "safest option" in response to the notice to complete.

The Court of Appeal reasoned that the primary judge had correctly found that the respondent's negligence did not cause Mr Lucantonio's loss. This conclusion was based on the finding that, even if the respondent had provided timely advice that completion was the safest option, Mr Lucantonio would not have completed the contract. The court determined that Mr Lucantonio's decision not to complete was driven by his assessment of the redevelopment risks and costs, and that the solicitor's advice, even if timely, would not have altered his fundamental decision. The appeal was therefore dismissed.

The Court of Appeal ordered that the appeal be dismissed with costs, and that the cross-appeal also be dismissed.