Dianne & Raymond Younan v Keddies Litigation Lawyers [2006] NSWDC 57

New South Wales District Court

CITATION: Dianne & Raymond Younan v Keddies Litigation Lawyers [2006] NSWDC 57

HEARING DATE(S): 12 September 2005 to 14 September 2005

JUDGMENT DATE: 15 September 2005

JUDGMENT OF: Murrell SC DCJ

DECISION: Verdicts for the Defendant

LEGISLATION CITED: Trade Practices Act 1974

CASES CITED: Spadotto & Company Pty Limited (in liq) v Raber, (unreported, 27 October 1995 NSWCA, CA 40425/95) Telstra Corporation Limited v Rea [2002] NSWCA 49

PARTIES: Dianne Younan and Raymond Younan (Plaintiffs) Keddies Litigation Lawyers (Defendant)

FILE NUMBER(S): 3791/04; 3792/04

COUNSEL: Mr M G McHugh (Plaintiffs) Mr D Priestley (Defendant)

SOLICITORS: Messrs Stacks Goudkamp Lawyers Yeldham & Associates Lawyers

Background

1 26 November 1997 was to have been an enjoyable occasion for Mr and Mrs Younan. They were guests at the grand opening of Star City Casino, Darling Harbour. After they had enjoyed dinner, an unexpected incident occurred. They approached a large glass sliding door, intending to walk through to the gambling area. Without warning, the entire door "exploded ", showering glass onto the Younans. They were injured.

2 The Younans sought legal advice from Keddies, a firm of solicitors. Keddies agreed to act on a no win/no pay basis. Keddies instituted proceedings against the Casino as occupier, claiming damages for negligence. The Casino cross-claimed against Leightons Properties Pty Ltd (the developer), which cross-claimed against JML Engineered Facades Pty Ltd (the builder which installed the glass door).

3 In November 2001, the Younans changed solicitors, engaging Stacks. Stacks received the papers on 4 February 2002. The Younans' barrister advised them that they would lose their claim against the Casino. On 27 March 2002, they consented to a verdict for the Casino on the basis that each party pay its own costs. The cross claims were discontinued.