Soo v Fisher Cartwright Berriman

The case of *Soo v Fisher Cartwright Berriman* concerned a professional negligence claim brought by the plaintiff against solicitors. The dispute arose from allegations that the solicitors failed to pass on a counter-offer made by the other party in a transaction. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the primary judge's finding of fact, that the solicitors had failed to pass on the counter-offer, was correct. The appeal did not raise any novel questions of legal principle, but rather challenged the factual determination made at first instance.

The Court of Appeal allowed the cross-appeal and dismissed the appeal. The reasoning of the court was that the primary judge's finding of fact was not supported by the evidence. Consequently, the judgment for the plaintiff in the amount of $65,184.00 was set aside. In its place, judgment was entered for the defendants in the action, with costs. The appellant was ordered to pay the respondents' and cross-appellants' costs of the appeal and cross-appeal, and was granted a certificate under the *Suitors Fund Act* in respect of the costs of the cross-appeal.