Pool (a pseudonym) v Parkinson

The Supreme Court of the Australian Capital Territory heard an appeal and a cross-appeal concerning a solicitor's alleged professional negligence. The appellant, identified pseudonymously as Pool, claimed that the respondent, Jason Dean Parkinson trading as Porter Lawyers, negligently advised him regarding settlements in 2010 and 2017 arising from historical child sexual abuse he suffered. The primary judge had found the claim relating to the 2010 settlement to be statute-barred, but made a contingent finding of breach of retainer and assessed damages. The primary judge also found no breach of duty in relation to the 2017 dealings. The appellant appealed the decision regarding the 2017 dealings, and the respondent cross-appealed the costs order.

The legal issues before the court included whether the primary judge erred in concluding there was no breach of retainer or no loss or damage caused by the respondent's conduct in 2017. Additionally, the court considered whether the primary judge erred in ordering that each party bear their own costs, despite the appellant's overall lack of success, due to a contingent finding of a breach of retainer in 2010 for which relief was statute-barred. The court was required to determine if an appealable error had been demonstrated in relation to either the appeal or the cross-appeal.

The court dismissed the appeal, finding no appealable error in the primary judge's conclusion that there was no breach of retainer or loss caused by the respondent's conduct in 2017. Similarly, the court dismissed the cross-appeal, finding no appealable error in the primary judge's costs order. The primary judge's decision was upheld, meaning the appellant's claims were unsuccessful.

The appeal and cross-appeal were dismissed with costs.