Mills v Bale & Anor [2010] NSWDC 162

New South Wales District Court

CITATION: Mills v Bale & Anor [2010] NSWDC 162

HEARING DATE(S): 8, 9, 10, 11 and 24 September 2009

JUDGMENT DATE: 4 August 2010

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

1. Verdict and judgment for the plaintiff in the sum of $703,149.28; DECISION: 2. The defendants are to pay the plaintiff's costs on the ordinary basis, unless otherwise ordered; 3. The exhibits may be returned; 4. Liberty to apply on 7 days notice if further orders are required.

CATCHWORDS: TORTS – legal practitioners – negligence – events occurring prior to arbitration hearing leading to plaintiff compromising a claim for damages for personal injury against employer for a workplace injury – credit-based findings – whether plaintiff established alleged misleading representation by his solicitor – whether alleged conduct of solicitor amounted to a breach of the duty of care owed – whether statements by solicitor amounted to misleading and deceptive conduct within the meaning of s 42 of the Fair Trading Act 1987 – whether the alleged representation induced the plaintiff to compromise his claim – relevance of solicitor's evidence of his "usual practice" – relevance of solicitor's evidence of the "usual practice" of the barrister – absence of file notes by solicitor who claimed no recollection of events - - DAMAGES – measure of damages where plaintiff would otherwise have had his claim determined by the court in 2003 – considerations for assessment of damages and required adjustments to assessment

Civil Liability Act 2002 District Court Rules, Pt 9 r 27A LEGISLATION CITED: Fair Trading Act 1987, s 42 Legal Profession Act 1987, s 198J Trade Practices Act, s 52 Workers' Compensation Act 1987