NSW Caselaw
New South Wales Supreme Court
CITATION : Wilson v Carter & 5 Ors; Wilson v Rigg [2005] NSWSC 1351
HEARING DATE(S) : 13 May 2005
JUDGMENT DATE : 22 December 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Rothman J at 1
DECISION : a The Second Cross Claim in proceedings 20364 of 1998 in this Court be struck out;; b As a consequence of Order (a) above, the Third Cross Claim in proceedings 20364 of 1998 in this Court be struck out;; c In proceedings in this Court, being 20447 of 2001, the entirety of paragraphs 27(a), 27(b) and 33(a), of the Further Amended Statement of Claim be struck out; d In proceedings in this Court, being 20447 of 2001, in the Second Cross Claim the following paragraphs are struck out:; i. Paragraph 11 insofar as it repeats paragraphs 16, 17, 20, 21, 22, 23, 24, 25 and 26 of the Further Amended Statement of Claim;; ii. Paragraphs 12, 13, 14 and 15 in their entirety.; e The defendant in 20364 of 1998, Jack Rigg, pay one third of the Second Cross Defendant's costs of the motion as taxed or agreed, to be payable forthwith;; f The plaintiff and fifth defendant in proceedings 20447 of 2001 pay a further one third of the Second Cross Defendant's costs of the motion as taxed or agreed;; g Two thirds of the Plaintiff's costs of the motion will be the Plaintiff's costs in the cause.
CATCHWORDS : Motion to strike out - Negligence - Immunity of Counsel for out-of-court work - Deliberate and inadvertent conduct - Principles for summary disposal - Arguability of duty on Barrister to advise client of negligence of solicitor
Motor Accidents Act LEGISLATION CITED : Legal Profession Act 1987 (NSW) Legal Profession Act 2004 (NSW)
Wilson v Rigg [2000] NSWSC 16 Wilson v Rigg [2002] NSWCA 246 General Steel Industries v Commissioner for Railways (1964) 112 CLR 125 Agar v Hyde (2000) 201 CLR 552 D'Orta-Ekenaike v Victoria Legal Aid (2005) 79 ALJR 755, 214 ALR 92, [2005] HCA 12 Giannarelli v Wraith (1988) 165 CLR 543 Boland v Yates (1999) 74 ALJR 209 CASES CITED : Saif Ali v Sydney Mitchell [1980] AC 198 Rees v Sinclair [1974] 1 NZLR 180 McRae v Stevens (1996) Australia Torts Report 81-045, 18.10.96, (BC9604869) Keefe v Marks (1989) 16 NSWLR 713 Hawkins v Clayton (1998) 164 CLR 539 Malik and Mahmud v BCCI [1998] AC 20 Walmsley v Cosentino [2001] NSWCA 403
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