MICHAEL ASTLEY AND ORS v AUSTRUST LIMITED

[1999] Lloyd's Rep PN 758

HIGH COURT OF AUSTRALIA

Before Chief Justice Gleeson and Justices McHugh, Gummow, Hayne and Callinan

Solicitor and client - Whether client’s failure to take proper care of own interests amounted to contributory negligence - Client’s loss the very kind protected by solicitor’s duty - Whether duty to exercise reasonable care should be implied as a term of contract between solicitor and client - concurrent liability in contract and tort - Whether award of damages for breach of contract may be reduced under apportionment legislation - Wrongs Act 1936 (SA), section 27A.