NSW Caselaw
New South Wales District Court
CITATION: Keith Rogers v Richard NIven & Ors [2009] NSWDC 344
HEARING DATE(S): 26 October 2009 - 29 October 2009
JUDGMENT DATE: 18 December 2009
JURISDICTION: Civil
JUDGMENT OF: Rolfe DCJ
DECISION: See paragraph 105, 115 and 118 of Judgment.
CATCHWORDS: Professional negligence action against Solicitor and Barrister - Failure to properly advise how to bring and prosecute a claim under the Property (Relationships) Act 1984 - Whether defence of advocates immunity could be relied on - Recovery of Wasted costs - Consideration of application of s 11 of Civil Liability Act 2002 to claim for vexation and distress - Whether such damages recoverable for breach of contract
Property (Relationships) Act 1984 LEGISLATION CITED: Uniform Civil Procedure Rules Civil Liability Act 2002
D'orta Ekenaike v Victorian Legal Aid (2005) 223 CLR1 at [43] Paino v Paino (2008) NSW CA 276 Yates Property Corp Pty Limited (in liq) v Bolan (1998) 85 FCR 84 Davy-Chiesman v Davy-Chiesman (1984) 1 ALL ER 321 Orchard v South Eastern Electricity Board (1987) 1 QB 565 Wakim v McNally (2002) 121 FCR 162 CASES CITED: Giannarelli v Wraith (1988) 165 CLR 53 Symonds v Vass (2009) 257 ALR 689 Walton T/as Picture Walton & Co v Efato Pty Limited (2008) NSW CA 86 Coshott v Barry (2009 NSW CA 34 Dancor Pty Limited v Pagotto (2008) NSW SC 112 State of NSW v Ibbett (2005) 65 NSW LR 168 at 21-22 Stephanie Young v Insight Vacations Pty Limited (2009) NSW DC 122) Baltic Shipping Company v Dillon (1992-1993 176 CLR 344
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