Leerdam & Anor v Noori & Ors [2009] NSWCA 90

Appeal Outcome: Special leave dismissed with costs by the High Court, 3 November 2009 s119/2009

New South Wales Court of Appeal

CITATION: Leerdam & Anor v Noori & Ors [2009] NSWCA 90

HEARING DATE(S): 4 February 2009

JUDGMENT DATE: 1 May 2009

JUDGMENT OF: Spigelman CJ at 1; Allsop P at 46; Macfarlan JA at 68

(a) Leave to appeal granted. (b) The appellants within seven days to file the amended notice of appeal provided by them to the Court. (c) Appeal allowed. DECISION: (d) The orders made at first instance dismissing the appellants' notice of motion dated 8 October 2007 and as to the costs of that motion be set aside. (e) The proceedings so far as they relate to the appellants be summarily dismissed. (f) The first respondent to pay the costs at first instance of the proceedings against the appellants, including the costs of the appellants' notice of motion filed on 8 October 2007. (g) The first respondent to pay the appellants' costs of the application for leave to appeal and of the appeal. (h) The first respondent to have a certificate under the Suitors' Fund Act 1951, if qualified.

CATCHWORDS: PROCEDURE - summary dismissal and strike out - questions of law involved - TORTS - tort of misfeasance in public office - whether solicitor acting on behalf of a minister in Administrative Appeal Tribunal proceedings held a public office for the purposes of the tort - TORTS - collateral abuse of process - whether tort capable of being committed by a non-party to proceedings - when purpose is collateral - LEGAL PRACTITIONERS - lawyers - advocate's immunity from suit - whether applicable to intentional torts - whether applicable to the torts of misfeasance in public office and collateral abuse of process