Hughes v Law Society of NSW & Ors - State of NSW 14th Defendant [2004] NSWSC 290

New South Wales Supreme Court

CITATION : Hughes v Law Society of NSW & Ors - State of NSW 14th Defendant [2004] NSWSC 290 HEARING DATE(S) : 2 & 3 February 2004 JUDGMENT DATE : 14 April 2004 JURISDICTION: Supreme Court JUDGMENT OF : Smart AJ at 1 DECISION : See paras 34-35

CATCHWORDS : Law Society of NSW is not "in the service of the Crown" within s 8 of the Law Reform (Vicarious Liability) Act 1983 Law Reform Commission Report LEGISLATION CITED : Law Reform (Vicarious Liability) Act 1983 Legal Profession Act 1987 Supreme Court Rules Pt 13 r 5 CASES CITED : Barwick v Law Society of NSW [2000] HCA 2 Black-Clawson v Papierwerke [1975] AC 591 PARTIES : Colin Frederick Hughes v Law Society of NSW & Ors - State of NSW 14th Defendant FILE NUMBER(S) : SC 20437/02 COUNSEL : (P) In Person (D) A M Colefax SOLICITORS : (P) In Person [D) Crown Solicitors Office

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SMART AJ

Wednesday, 14 April 2004

20437/02: Colin Frederick HUGHES v LAW SOCIETY OF NSW & ORS - STATE OF NSW – 14th DEFENDANT JUDGMENT

1. The motion of the State of New South Wales ("the State"), the fourteenth defendant, filed 25 July 2003, raises the question whether s 8 of the Law Reform (Vicarious Liability) Act 1983 renders the Crown vicariously liable in respect of the tortious conduct of the Law Society in the performance or purported performance by it of its functions under the Legal Profession Act 1987 (NSW). The plaintiff contends that it does The State in contending to the contrary submits that the answer is so clear that it can be resolved on this motion rather than at trial.