NSW Caselaw
New South Wales Supreme Court
CITATION : Attard v James Legal Pty Ltd [2009] NSWSC 811
HEARING DATE(S) : 10 March 2009; 11 March 2009; 12 March 2009; 13 March 2009; 20 April 2009; 21 April 2009; 22 April 2009
JUDGMENT DATE : 14 August 2009
JURISDICTION : Common Law
JUDGMENT OF : Simpson J
DECISION : The Further (Third) Amended Statement of Claim dismissed with costs. Verdict for the cross-claimants on the cross-claim. Parties to have the opportunity of putting further material or argument before the making of final orders on the cross-claim.
CATCHWORDS : LEGAL PRACTITIONERS – solicitor and client – duties and liabilities - liability for negligence in respect of litigation – liability for breach of contract of retainer in respect of litigation – advocates' immunity applies against suit in negligence in respect of the conduct of litigation - immunity extends to any cause of action in civil proceedings where cause 'intimately connected' with litigation or preliminary to decisions about the conduct of litigation - tests in Giannarelli v Wraith [1988] and D'Orta-Ekenaike v Victoria Legal Aid [2005] applied – NEGLIGENCE – professional negligence – test to be applied – EVIDENCE – witnesses - failure to call expert evidence – for judge to act as expert witness would be a denial of procedural fairness – CROSS-CLAIM - payment of moneys sought based on contract of retainer – cross claimants entitled to recover in accordance with costs agreements
LEGISLATION CITED : Fair Trading Act 1987 Trade Practices Act 1974
CATEGORY : Principal judgment
A. I. McLean Pty Ltd v Hayson [2008] NSWSC 927 Attard v James Legal Pty Ltd [2004] NSWSC 478 D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1 CASES CITED : Franks Centre Lofts Pty Ltd v Construction Management Group Pty Ltd [2001] NSWSC 389 Giannarelli v Wraith [1988] HCA 52; (1988) 165 CLR 543 Mareva Compania Naviera SA v International Bulkcarriers SA [1975] 2 Lloyd's Rep 509 Rees v Sinclair [1974] 1 NZLR 180 Rogers v Whitaker [1992] HCA 58; (1992) 175 CLR 479
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate