Bray v Dye (No 2) [2010] VSC 152, a decision of Justice Judd, is a salutary reminder of the importance of solicitors getting very clear instructions from anyone on whose behalf they intend to commence or defend legal proceedings, and checking that they have capacity to engage in litigation (i.e. that they are of sound [...]
Entries Tagged as 'Solicitor as agent'
Reminder: you need very clear instructions before commencing proceedings on a person’s behalf
May 17th, 2010 · No Comments
Tags: Party party costs · Retainers · Solicitor as agent · Wasted costs
Solicitor’s ostensible authority to contract on behalf of client
February 26th, 2009 · No Comments
In Zhang v VP302 SPV [2009] NSWSC 73, a solicitor negotiated a contract for the purchase of property by his clients. The vendor’s solicitor sent a draft contract. The purchasers’ solicitor went through it with his clients. They specified changes they required. The purchasers’ solicitor put the changes to the vendor’s solicitor. The vendor’s solicitor [...]
Tags: Retainers · Solicitor as agent
