Badenach & Anor v. Calvert

Lower Court Judgment

24/07/2015 Full Court of the Supreme Court of Tasmania (Tennent J, Porter J and Estcourt J)

[2015] TASFC 8

Catchwords

Professions and trades – Lawyers – Duties and liabilities – Solicitors? duties to other persons – Beneficiaries – Where first appellant acted for a testator who had terminal cancer in the preparation of a will – Where respondent was regarded as a son by testator – Where testator had an estranged daughter – Where testator did not disclose existence of estranged daughter and first appellant did not make any inquiries in this respect and did not give any advice as the effect of the Testator’s Family Maintenance Act 1912 (Tas) on this arrangement – Whether a solicitor retained to draw a will owes a testator a duty of care which extends to inquiries as to the existence of estranged children and advice pursuant to the effect of the Act.

Torts – Negligence – Duty of care – Civil Liability Act 2002 (Tas) - Whether solicitor owed a duty of care to a non-client beneficiary – Whether damages for loss of opportunity can be awarded where opportunity is hypothetical and dependent on acts of third parties.

Short particulars