News
Andre Zahra SC, and his junior Jonathan Burnett from 11 Wentworth Chambers, successfully defended their client, Sparke Helmore, in the NSW Court of Appeal against claims of professional negligence for allegedly failing to remind a client of advice they had already given. The Court of Appeal overturned the judgment of the primary judge and dismissed all claims against Sparke Helmore with costs, following the “general rule” that a solicitor is not negligent in failing to remind a client of advice already given or to advise the client of what the client already knows.
Westpac had claimed that their client, a Greek machinery manufacturer, A. Giamouridis P.C., had received $12.6 million obtained fraudulently from the bank by Bill Papas, and that the client was required to pay that money back to the bank under the rule in Black v S Freedman & Company (1910) 12 CLR 105. However, in defending the claim they submitted that all of the funds were used to pay for machines that were ordered, and that their client was wholly innocent of any knowledge of breach of trust by Mr Papas and his companies. Part way through a three week hearing, the case against Giamouridis settled today, 10 February 2023, with the bank’s claim dismissed, and Giamouridis not paying any money to the bank.
Katrina Howard SC has been recognised as a Leading Silk in TMT and IP law, with Andre Zahra SC and Thomas Bagley being recognised as Leading Senior and Junior Counsel in Commercial Disputes.
We are pleased to announce Andre Zahra SC has been listed as Recommended in the latest edition of Doyle's Guide's Leading Professional Indemnity Senior Counsel – New South Wales, 2022