Mclaughlin v Burrows & ors t/as Kells The Lawyers [2020] NSWSC 1802

Supreme Court New South Wales

Medium Neutral Citation: Mclaughlin v Burrows & ors t/as Kells The Lawyers [2020] NSWSC 1802 Hearing dates: 19 November 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed. (2) The question of costs is reserved. (3) In the absence of agreement as to costs, I direct the parties to file written submissions with my Associate, not exceeding two pages in length, by 1 February 2021. Catchwords: PRACTICE AND PROCEDURE – Application for summary dismissal – Where plaintiff sought to bring an action against his former lawyers – Where proceedings statute barred – Whether plaintiff under a disability for any relevant period – Whether appropriate to make an order for summary dismissal in circumstances where a limitation issue arose – Where evidence did not establish that the plaintiff was under a disability for the relevant period – Where there was objective evidence supporting the conclusion that the plaintiff was able to manage his affairs – Where causes of action clearly statute barred – Proceedings dismissed Legislation Cited: Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 General Steel Industries Inc v Commissioner for Railways (NSW) & ors (1964) 112 CLR 125; [1964] HCA 69 Guthrie v Spence (2009) 78 NSWLR 225; [2009] NSWCA 369 Kotulski v Attard [1981] 1 NSWLR 115 Wardley Australia Ltd and anor. v State of Western Australia (1992) 175 CLR 514; [1992] HCA 55 Category: Principal judgment Parties: Scot George Mclaughlin – Plaintiff David Wilfred Burrows, Roger John Downs, David Laurance Potts, Paul Dante Magagnino, Peter John Chodat, Mario Quintilliani, Michael John Hatfield and Michael Paul Mantel t/as Kells The Lawyers – Defendants Representation: Counsel: In person – Plaintiff R Perla – Defendants