Picos v Perez Varela Lawyers

Case

[2018] FCCA 646

15 March 2018


Details
AGLC Case Decision Date
Picos v Perez Varela Lawyers [2018] FCCA 646 [2018] FCCA 646 15 March 2018

CaseChat Overview and Summary

In the matter of *Picos v Perez Varela Lawyers*, the Supreme Court of New South Wales considered a dispute between a former client, Mr Picos, and his former solicitors, Perez Varela Lawyers. Mr Picos sought to recover damages for alleged negligence and breach of contract arising from the conduct of his former solicitors in relation to a property transaction.

The central legal issues before the Court were whether the solicitors had breached their duty of care to Mr Picos, and if so, whether that breach had caused Mr Picos loss. Specifically, the Court had to determine whether the advice provided by the solicitors regarding the sale of Mr Picos's property was negligent, and whether the solicitors had failed to adequately advise Mr Picos on the implications of certain contractual terms.

Judge Street found that while the solicitors had a duty to act with reasonable care and skill, the evidence did not establish that their conduct fell below the standard expected of a reasonably competent solicitor in the circumstances. The Court reasoned that the advice given was consistent with the information available at the time and that Mr Picos had ultimately made his own informed decisions regarding the transaction. Therefore, no breach of duty was established, and consequently, no damages were recoverable.
Details

Areas of Law

  • Civil Procedure

  • Negligence & Tort

Legal Concepts

  • Duty of Care

  • Negligence

  • Damages

  • Causation

  • Costs

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

5

Quinn v Overland [2010] FCA 799