Radosavljevic v Radin

The appeal concerned allegations of professional negligence against a solicitor, Mr Radin, brought by his former client, Ms Radosavljevic. Ms Radosavljevic alleged that Mr Radin's failure to commence proceedings within the relevant limitation period had caused her to lose a viable claim against a third party. The matter came before the New South Wales Court of Appeal.

The primary legal issues before the Court of Appeal were whether Mr Radin had breached his duty of care to Ms Radosavljevic, and if so, whether that breach had caused Ms Radosavljevic to suffer a loss. Specifically, the Court had to determine if Ms Radosavljevic possessed a viable claim against the third party that was lost due to Mr Radin's alleged negligence, and whether any damages awarded would be "manifestly inadequate" or if a real loss, actual or contingent, had been suffered.

The Court of Appeal found that Ms Radosavljevic had not established that she had a viable claim against the third party independent of Mr Radin's alleged negligence. Consequently, it was held that Mr Radin's actions, even if negligent, had not caused Ms Radosavljevic to suffer any material loss. The Court therefore dismissed the appeal. The cross-appeal was struck out as incompetent, and the application for leave to cross-appeal was refused, with costs awarded in each instance.