Celal Tekin v Phillip Norman Stratford

2025/00240234

TORTS (negligence) – Mr Celal Tekin was a client of a law firm called Low Doherty & Stratford (the Firm) – until 2015, Mr Phillip Norman Stratford performed the legal work that Mr Tekin brought to the Firm – in September 2014 Mr Tekin had engaged the Firm to advise and act for him in relation to the sale of land in Castle Hill (the Retainer) – the Firm then acted for Mr Tekin in litigation against the purchaser in relation to the sale – Mr Tekin alleged that litigation with the purchaser arose because the Firm failed to exercise reasonable care in drafting a Notice to Complete, which led to Mr Tekin unlawfully terminating the Sale Contract – before the primary judge there was no dispute that the Firm had been negligent and no serious dispute that the Firm acted under a conflict of interest – proceedings before the primary judge concerned questions regarding causation and whether the Firm received a monetary benefit while acting under a conflict of interest – the primary judge held that the Firm received some monetary benefit in circumstances where there was a conflict or possible conflict between interest and duty – the primary judge held that the Firm was liable to account for those benefits as a constructive trustee – the primary judge ordered judgment for damages of $300,000 and that the Firm pay equitable compensation of $127,398.17 – whether the primary judge erred in holding that it was not part of the Retainer or the Firm’s duty to ensure there was a valid right of termination before issuing a notice of termination of the Sale Contract – whether the primary judge erred in assessing damages.

Tekin v Stratford & Ors [2025] NSWSC 541

Tekin v Stratford & Ors (No 2) [2025] NSWSC 902