Sam McCarthy appeared for the defendant, instructed by McInnes Wilson Lawyers.
This case involved a claim brought by the plaintiff, as trustee of the KJM Family Trust, alleging that the defendant had acted negligently in failing to properly attend to the preparation and lodging of a company’s tax returns, in advising a trustee in relation to the purchase of a unit, and in advising with respect to an ATO audit. The Court considered whether the claims were statute-barred and if not, considered, inter alia, whether the defendant was retained to prepare and lodge the tax return, the scope of any retainers, and whether the defendant had breached their duty of care. It was held that the plaintiff’s claim was statute-barred and must be dismissed.
The judgment can be read by clicking here
