NEGLIGENCE CLAIMS (financial loss)

The law provides that in some circumstances, the action/inaction of one which causes another financial loss may mean that the other can recover the financial loss in court from the one who caused the financial loss.

In order to succeed in Court, the claimant must prove:

i)          A duty of care owed by the other party

ii)         A breach of the duty of care by the other party

iii)         Loss as a consequence of the breach of the duty of care by the other party.

The categories of the relationship between persons which can give rise to such a claim are many and varied and depend upon individual circumstances.

In N.S.W., claims relating to negligence are generally determined by the Supreme Court of N.S.W., the District Court of N.S.W., and local courts.

Whether a barrister is required, often depends upon the seriousness of the matter, or the amount of money involved. Generally speaking (and there are exceptions) a dispute involving less than say $30,000, does not warrant the retention of a barrister, as a competent solicitor should be able to to handle it. However, if you are in doubt, check with me.

SOME NEGLIGENCE (financial loss) CASES IN WHICH KIM MORRISSEY HAS APPEARED

• My clients brought a claim for financial loss against a builder who failed to follow the plans and omitted a concrete beam from town houses he was building for my client. After proceedings commenced in the Supreme Court of NSW were well advanced, the claim was settled on terms advantageous to my client.
• My clients brought a claim against their bank for financial loss for accepting cheques drawn on an account with the bank, in which my client had an interest, without either of my clients’ signatures on the cheques. After proceedings in the Supreme Court of NSW were well advanced, the claim was settled on terms advantageous to my clients.