High Court of Australia
High Court of Australia Barwick C.J. McTiernan, Kitto, Menzies and Owen JJ. Renowden v McMullin [1970] HCA 24
ORDER Appeal dismissed with costs.
Cur. adv. vult.
The following written judgments were delivered:—
July 30 Barwick C.J. and McTiernan J.
The appellant is a solicitor admitted to practice in the State of Victoria whose practising certificate has been cancelled and whose estate has been sequestrated under the provisions of the Bankruptcy Act 1924-1959 Cth. Morris Alexander Ogilvie is his official receiver. On 7th December 1966 the appellant and his official receiver commenced an action against the respondents in the Supreme Court of Victoria by writ of summons. The respondents at all material times were chartered accountants practising under the firm name of A. B. McMullin & Co. As required by the terms of O. 3, r. 1, of the Rules of the Supreme Court of Victoria, the plaintiffs indorsed the writ of summons with a notice of the nature of their claim.
The indorsement was as follows:
The plaintiffs' claim is for damages arising out of the defendants' breach of contract in auditing the trust books of the second-named plaintiff in the years 1958 to 1961 inclusive in accordance with the requirements of the Legal Profession Practice Acts and the Rules made thereunder and/or in advising the second-named plaintiff generally with respect thereto;.. ______ or further or alternatively
The plaintiffs' claim arises from the negligent breach of duty owed by the defendants to the second-named plaintiff under the Legal Profession Practice Acts and the Rules made thereunder in the course of examining and auditing the trust books of the second-named plaintiff in the said years.
(Sgd.) R. T. Breen.
take notice that the Plaintiffs require pleadings.
On 31st January 1967 the plaintiffs applied to a judge in chambers for and obtained an order to extend the time for delivery of a statement of claim upon grounds appearing in affidavits of which one sworn by the appellant on 31st January 1967 contained the following statement:
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