NSW Caselaw
MORRISON vy JUDD
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
KIRBY P, MEAGHER and POWELL JJA 21 August 1995, 10 October 1995
[1995] NSWCA 300
PRACTICE and PROCEDURE — extension of time — relevance of availability of claim against solicitor — whether erroneous to take into account — held: Relevant but of little weight. Repco Corp Ltd v Scardamaglia (1995) ATR 81-330 (SCV) consd.
PRACTICE and PROCEDURE — extension of time — prejudice — death of eyewitness and loss of evidence — relevance of — held: Relevant and no error shown by Master — appeal allowed.
APPEAL — from Master to Judge — proper approach — need to show error.
LEGAL PRACTITIONERS — potential claim in negligence — duty to advise client — duty to advise change of representation.
PRACTICE and PROCEDURE — extension of time — relevance of availability of action against legal practitioners — whether irrelevant or relevant consideration — whether a relevant consideration but of little weight — held: The consideration is relevant, but of little weight. Birkett v James [1978] AC 297 (HL); Thompson v Brown Construction (Ebbw Vale) Ltd and Ors [1981] 1 WLR 744; [1981] 2 All E R296 (HL); Soper v Matsukawa [1982] VR 948 (FCV); McKenna v McKenna [1984] VR 665 (SCV); Morton v Jools (1992) ATR 81-164 (NSW SC); and Repco Corp Ltd v Scardamaglia (1995) ATR 81-330 (SCV) consd, explained and appld.
PRACTICE and PROCEDURE — application for substituted service and for leave to serve a statement of claim more than two years after filing — Master Malpass declines leave — on appeal Spender AJ grants leave — finds, inter alia, that Master's reference to possible claim against solicitors irrelevant — held: (1) The Judge was obliged to review the Master's discretionary decision in accordance with the established principles for the review of discretionary decisions on appeal; (2) The errors which were identified by the Judge did not authorise disturbance of the Master's decision; (3) In referring to the lack of an intervening limitation bar, the Judge erred in a consideration which he took into
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate