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BWY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 860 — BarristerAI

BWY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2021] FCA 860

Federal Court of Australia28 July 2021

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Judges

Snaden J

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Case Details

Citation[2021] FCA 860

CourtFCA

JurisdictionCommonwealth

Decision Date28 July 2021

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Judgment

Judges

Snaden J

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order.

BWY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs at [30]

Where a representee establishes that a representation was made with reckless indifference to truth, the Castlereagh-Mornington doctrine of estoppel by representation permits an estoppel even absent proof of detrimental reliance, provided the representor's conduct evinces a settled intention to mislead

Where a representee establishes that a representation was made with reckless indifference to truth, the Castlereagh-Mornington doctrine of estoppel by representation permits an estoppel even absent proof of detrimental reliance, provided the representor's conduct evinces a settled intention to mislead.

BWY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs at [37]

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Case Details

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