NSW Caselaw
New South Wales District Court
CITATION: Fowler v La Fontaine & Anor [2007] NSWDC 207
HEARING DATE(S): 20 June 2007
JUDGMENT DATE: 15 October 2007
EX TEMPORE JUDGMENT DATE : 4 October 2007
JURISDICTION: Civil
JUDGMENT OF: Nicholson SC DCJ at 1
DECISION: 1. Order 1 sought in the N/M d 30/5/07, and in N/M d. 21/6/07 is refused; 2. Parties have leave to approach my associate to set a time and date to argue the question of costs if they cannot be agreed upon.; 3. Parties have leave to approach the Registrar to set a timetable to finalise pleadings.
CATCHWORDS: Civil Law - Notices of Motion - Strike-out of Statement of Claim - Claim of professional negligence by solicitor or barrister - Advocates' immunity - general rule finality of litigation - exceptions.
District Court Rules Pt 18 r 3 LEGISLATION CITED: District Court Rules, Pt 9, r 17(1) Evidence Act 1995, s79
D'Orta-Ekenaike v Victoria Legal Aid and Another (2005) 223 CLR 1 General Steel Industries v Commissioner for Railways (1964) 64 CLR 125 CASES CITED: Giannarelli v Wraith (1988) 165 CLR 543 Giannarelli v. The Queen (1983) 154 CLR 212 Keefe v Marks, (1989) 16 NSWLR 713
Raymond John Fowler - Plaintiff/Respondant to both Notices of Motion. PARTIES: Peter Allan La Fontaine - First Defendant/ Applicant to second Notice of Motion Trevor Andrew Hall - Second Defendant/Applicant to first Notice of Motion.
FILE NUMBER(S): 4848/2006
Pl: P. Glissan COUNSEL: D1: D. Priestley D2: G. Reynolds SC
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