Woodward v Brynes [2008] NSWDC 257

New South Wales District Court

CITATION: Woodward v Brynes [2008] NSWDC 257

HEARING DATE(S): 28-29 October 2008 EX TEMPORE JUDGMENT DATE : 7 November 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1 Verdict and judgment for the plaintiff in the sum of $74,079. DECISION: 2 The defendant is to pay the plaintiff's costs of the proceedings. 3 The exhibits will be retained for twenty eight days. 4 The orders are stayed for twenty eight days with liberty to apply at the end of that period in the event that an extension of that period is required.

CATCHWORDS: PROFESSIONAL NEGLIGENCE - plaintiff's personal injury claim statute barred - whether hopeless case - assessment of prospects on liability and quantum

LEGISLATION CITED: Crown Proceedings Act 1980 (Qld) Personal Injuries Proceedings Act 2002 (Qld)

CASES CITED: Kitchen v Royal Air Forces Association [1958] 1 WLR 563 Phillips v Bisley Court of Appeal unreported 18.2.1997

PARTIES: Nigel Woodward - Plaintiff Kevin Brynes - Defendant

FILE NUMBER(S): Newcastle 87/07

COUNSEL: C T Barry SC-D R Benson - Plaintiff B Hull - Defendant

SOLICITORS: Slater & Gordon - Plaintiff Brynes Lawyers - Defendant

JUDGMENT

1 Nigel Woodward, the plaintiff in this matter, retained Kevin Byrnes, the defendant, as his solicitor to act on his behalf in respect of injuries that he claimed he suffered in a motor vehicle accident that occurred on the Landsborough Highway near McKinlay in Queensland on 28 January 2000.

2 The defendant issued a statement of claim in the District Court of New South Wales on or about 28 January 2003 against the Queensland Department of Main Roads. The solicitor for the Queensland Department of Main Roads advised the defendant that the statement of claim was defective because the defendant was incorrectly named and it had not been served in compliance with the Crown Proceedings Act 1980 (Qld).