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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42653
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We have our products manufactured by a company using

Customer Question

We have our products manufactured for us by a company using its machines and expert staff but we supply the materials. Recently they started to make a large number of defects (16,000 in all) blaming our materials. We accepted their advice and paid for
the rejects. Later we changed our minds and claimed that it was not our materials. But we had discarded all but 600 of the defects. In spite of that our lawyer claimed we had a good chance of success and encouraged us to take proceedings. The defendant's lawyer
argued that an examination of a sample of only 600 was insufficient proof that their client was responsible for the defects of all 16,000 as stated in our Statement of Claim. Was our lawyer entitled to say that our case had a good chance of success?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.If that is his opinion he is entitled. What did he base his opinion on? In most cases you have experts look at the material and defects and they give you their advise and it is on this you base any legal action.
Customer: replied 1 year ago.
He based his opinion on the fact that a technical expert examined the 600 defective plates and reported that in his opinion many but not all were due to faults by factory staff. The defence claimed that as only 600 out of 16,000 could be presented to them for examination that number is ***** small to draw any conclusions about the 15,400 that we had disposed of. We could have kept just 600 that were obviously the factory's fault and disposed of the rest.
Expert:  Leon replied 1 year ago.
Good Evening, What about you, have you had your own expert prepare a report?
Customer: replied 1 year ago.
Good evening,
Yes we had our own expert examine the 600 defective plates with more or less the same result, ie that some were probably the factory's fault and some caused by the materials we supplied. In our opinion a sample of 600 out of 16,000 is too small to be reliable. We seek your advice on whether a court is likely to agree and if so that our lawyer misled us into launching a lawsuit claiming that we were entitled to have the payment we made for all 16,000 plates refunded by the defendant.
Expert:  Leon replied 1 year ago.
Good Morning, The court will rely on the experts and if they cannot say categorically who is at fault they will not make a ruling.If the majority were the fault of the material then you cannot hold the factory liable. I cannot say whether your lawyer gave you wrong advise or not. But if the law suit was never commenced and you have not follow his advise then you cannot sue him. Did the court make a ruling against you can found that you were wrong?
Customer: replied 1 year ago.
Good morning Leon,
We took the lawyer's advice and the law suit was commenced at great expense. As I may not have emphasised it enough, the crucial issue is that we had only 600 defective plates to show the experts and the defendant. We want to know whether our lawyer misled us into launching the case claiming refunds for 16,000 plates when there were only 600 to show the experts. Do you think that such a small sample is sufficient to prove who was responsible for 16,000? If not, then did our lawyer mislead us into advising that we had a good chance of success? If it is, then we obviously had a good chance of success. So the crucial issue is whether 600 can tell us anything about the 15,400 disposed of. Remember that both experts said that 600 were not enough. Thanks
Expert:  Leon replied 1 year ago.
Good Morning, If your experts said that the sample of 600 was not enough to prove your case, and the Solicitor then proceeded with the claim knowing that you did not have enough evidence to prove your case then he was negligence. This is what you have to show. That the Solicitor was aware that there was not enough evidence and he failed to tell you this and because of this you suffered a loss in the case. You have to have full knowledge and if you do and continue with it then it is your fault. But if they did not give you this information then you have a case against them.I cannot comment on the sample size. But if the sample was from the same batch of the 1600 that were produced from the same material and the same process I would think it was a reasonable size. But if the 1600 were not from the same batch made at the same time in the same process then you have a problem. If your expert said the same thing and your solicitor did not communicator this to you and proceeded he was negligent. Your case is based on your expert evidence and it appears it does not support your case. I hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Expert:  Leon replied 1 year ago.
Good Afternoon,
I am following up my last post and seeing if you need anything further.
If not I would request if you can rate my work as I am not paid otherwise.
I also wish to thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Morning,
I am following up my last post and I hope it was of assistance.
I am only paid if you rate my work. As such I wish to thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon