Nikolic v Nikolic and 2 Ors

The parties to this appeal were the plaintiff, Mr. Nikolic, and his son, the first defendant, along with two other defendants. The dispute concerned the transfer of property from Mr. Nikolic to his son without consideration. Mr. Nikolic alleged that the transfer was procured by undue influence exerted by his son and that his solicitor had acted negligently in facilitating the transaction. The matter was heard by the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the transfer of property was vitiated by undue influence on the part of the son, and whether the solicitor had been negligent in his professional duties. The court was required to assess the evidence presented to determine if the son had exercised undue influence and if the solicitor had breached his duty of care to Mr. Nikolic.

The court found no error in the primary judge's findings. It was held that the evidence did not establish undue influence by the son. Furthermore, the court concluded that the solicitor had not been negligent, implying that the solicitor had acted appropriately in advising and acting for Mr. Nikolic in the property transfer. The appeal was consequently dismissed.