Maurice May & Co v Dupree

Maurice May & Co appealed against a cross-claim in proceedings initiated by a plaintiff who alleged negligence against her solicitor, Maurice May & Co, concerning advice on a potential damages claim. The plaintiff had also retained a barrister to advise on the same matter. The appeal was heard by Meagher JA, Davies AJA, and Foster AJA.

The central legal issue before the court was whether the cross-claim, which sought to recover from the solicitor the costs incurred by the plaintiff in pursuing a claim against the barrister, was valid. This involved determining the solicitor's duty of care to the plaintiff in relation to the costs of litigation, particularly when the plaintiff had also engaged separate counsel.

The court reasoned that the solicitor's duty of care extended to advising the client on the overall conduct of the litigation, including the financial implications. In this instance, the solicitor had failed to adequately advise the plaintiff regarding the potential costs associated with pursuing a claim against the barrister, which was a foreseeable consequence of the initial negligent advice. The court applied the principles of negligence, focusing on the scope of the duty owed by a solicitor to their client and the foreseeability of harm.

Leave to appeal was granted, but the appeal was ultimately dismissed with costs awarded to the respondent.