NSW Caselaw
New South Wales Supreme Court
CITATION : Rosser v Yates [2006] NSWSC 793
HEARING DATE(S) : 10/7/06, 11/7/06, 12/7/06, 13/07/06, 14/07/06, 17/07/06, 19/07/07
JUDGMENT DATE : 11 August 2006
JURISDICTION : Common Law Division Professional Negligence List
JUDGMENT OF : Mathews AJ
DECISION : Verdict and judgment for the plaintiff in the sum of $7,550. Order the plaintiff to pay the defendant's costs of the proceeding.
CATCHWORDS : Claim of solicitor's professional negligence - limitations questions - whether exceptions to the normal rules on limitations - previous District Court proceedings between plaintiff and his former business partner - re-litigating issues already decided - whether abuse of process - whether defendant's breach led to plaintiff's loss in District Court - whether claim against solicitors for loss of partnership property
Limitation Act 1969 LEGISLATION CITED : Trade Practices Act 1974 (Cth) Harbours Act (1936) (SA) Fair Trading Act (1987)
Hawkins v Clayton (1988) 164 CLR 530 CASES CITED : Walmsley v Cosentino [2001] NSW CA 403 Rippon v Chilcotin Pty Limited [2001] NSWCA 142 Franke v CIC Insurance
PARTIES : Michael Jack ROSSER - Plaintiff Adrian Richard YATES - Defendant
FILE NUMBER(S) : SC 20405/01
COUNSEL : Mr D Cochrane - Plaintiff Mr G Curtin - Defendant
SOLICITORS : Hargreaves Pickering - Plaintiff Colin Biggers and Paisley - Defendant
- IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Professional Negligence List
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