Firth v Liaris [2002] NSWCA 306

New South Wales Court of Appeal

CITATION : Firth v Liaris [2002] NSWCA 306 FILE NUMBER(S) : CA 41016 of 2001 HEARING DATE(S) : 02/09/02 JUDGMENT DATE : 13 September 2002

Stephen Paul Firth t/as Firths Compensation Lawyers PARTIES : v Effie Liaris JUDGMENT OF : Meagher JA at 1; Heydon JA at 22; Santow JA at 26

LOWER COURT JURISDICTION : District Court LOWER COURT DC 6829 of 2000 FILE NUMBER(S) : LOWER COURT Gibson DCJ JUDICIAL OFFICER :

COUNSEL : Appellant: A J Meagher SC Respondent: B Hall QC SOLICITORS : Appellant: Connery & Partners Respondent: Brydens Law Office CATCHWORDS : Legal professional negligence - appellant not advised of common law rights - causation - whether damages for future economic loss were too high - appeal allowed. LEGISLATION CITED : Workers' Compensation Act 1987 s151G, s151H CASES CITED: Scott v Echeringay (1994) Aust Torts Reports 81-120 DECISION : 1. Appeal allowed; 2. Order 1 below set aside; 3. In lieu of Order 1, judgment for the plaintiff in the sum of $64,000.00; 4. No order as to the costs of the appeal.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41016 of 2001

MEAGHER JA HEYDON JA SANTOW JA

Friday, 13 September 2002 STEPHEN PAUL FIRTH t/as FIRTHS COMPENSATION LAWYERS v EFFIE LIARIS

Facts The respondent, Mrs Liaris, a trained florist, was injured when she fell at work on the 10 April 1991. She sought advice from the appellants, "Firths Compensation Lawyers", on 6 July July 1994, and an Application for Determination was later filed seeking weekly payments, a lump sum for permanent impairment of the back, right leg at or above the knee plus compensation for pain and suffering and hospital and medical expenses. On 4 October 1995, the respondent's Workers' Compensation claim was settled by being commuted for a lump sum of $90 000 together with expenses of up to $6000. As part of this settlement, the respondent agreed to execute a common law release. However, any rights to sue at common law were statute barred at that stage.