Rosa v Galbally & O'Bryan

Rosa initiated proceedings against Galbally & O'Bryan, seeking compensation for professional negligence in the context of a personal injury claim. The plaintiff alleged that the defendant solicitors were negligent in their advice, which led to the loss of an opportunity to pursue claims for pain and suffering and loss of earning capacity. The matter was heard in the Federal Court of Australia.

The central legal issues that the court had to resolve were whether the defendant solicitors were indeed negligent in their advice, and if such negligence directly caused the plaintiff's loss of a chance to pursue additional claims. The court was also required to determine the appropriate assessment of damages for the loss of a chance, referencing the principles laid out in Johnson v Perez and Sellars v Adelaide Petroleum N.L.

In delivering its judgment, the court found that the solicitors were indeed negligent in their advice, which resulted in the plaintiff's loss of opportunity to pursue further claims. The court applied the principles from Johnson v Perez and Sellars v Adelaide Petroleum N.L. to assess the damages attributable to this loss of a chance. The court awarded the plaintiff compensation for the loss of a chance to pursue claims for pain and suffering and loss of earning capacity, quantifying the damages based on the likelihood and potential value of those claims. The court determined that the plaintiff's damages should reflect the chance lost due to the solicitors' negligence, taking into account the probability of success and the potential compensation that might have been awarded.

The court ordered Galbally & O'Bryan to pay Rosa the sum of $75,000 as compensation for the loss of a chance to pursue claims for pain and suffering and loss of earning capacity, along with costs.