Apportionment (Cont'd) [113] In the application of s 35(1), and apportioning the responsibility of Mr Miller for the loss with the responsibility of Mr Pan, the extent of Mr Miller s responsibility for the loss is altogether overwhelmed by Mr Pan s responsibility for the loss.
{"Image DocumentName": "Apportionment (Cont\u2019d)", "Image ImageDescription": "[113] In the application of s 35(1), and apportioning the responsibility of Mr Miller for the loss with the responsibility of Mr Pan, the extent of Mr Miller s responsibility for the loss is altogether overwhelmed by Mr Pan s responsibility for the loss. Mr Pan acted deceitfully in pursuit of a large monetary advantage which he gained; Mr Miller was deceived and conducted an apparently small piece of professional work in a way which fell short of appropriate skill. I consider it just, having regard to the extent of his responsibility, that Mr Miller s liability be limited to 10 percent of the plaintiffs loss. Chandra v Perpetual Trustee Victoria Ltd [2007] NSWSC 694 per Bryson AJ but note tortious duty, not contractual obligation to the damaged plaintiff there assumed by the solicitor Miller.", "Image XResolution": "37", "Image YResolution": "37", "Image ResolutionUnit": "Pixels/Centimeter", "Image Software": "SlidePlayer", "Image YCbCrPositioning": "Centered"}