Tarelli & Langley and Anor

The parties to this proceeding were Tarelli & Langley, a firm of solicitors, and two of its former clients, Mr and Mrs Vella. The Vellas sought to recover damages from Tarelli & Langley for alleged negligence in the conduct of litigation concerning a dispute over a property development. The matter came before Foster J in the Supreme Court of New South Wales.

The central legal issue before the court was whether Tarelli & Langley had been negligent in their conduct of the Vellas' litigation. Specifically, the court was required to determine if the solicitors had breached their duty of care to their clients by failing to properly advise them on the risks and potential outcomes of the litigation, and whether this alleged breach had caused the Vellas loss.

Foster J found that Tarelli & Langley had not been negligent. His Honour applied the principles established in *Bolam v Friern Hospital Management Committee* [1957] 1 WLR 582 and *White v Turner* (1991) 24 NSWLR 570, which hold that a professional is not guilty of negligence if they have acted in accordance with a practice accepted as proper by a responsible body of professional opinion, even if that opinion differs from other professional opinion. The court was satisfied that the advice provided by Tarelli & Langley, while perhaps not the only course of action available, was a responsible and defensible course of action in the circumstances, and that the solicitors had acted with reasonable care and skill.

The court therefore dismissed the Vellas' claim against Tarelli & Langley.