NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Wood v Firth [2013] NSWSC 845 Hearing dates: 31 May 2013, and written submissions 14 June 2013 Decision date: 27 June 2013 Jurisdiction: Common Law Before: Beech-Jones J Decision: Appeal dismissed. Catchwords: LOCAL COURT APPEAL - proceedings against solicitor - failure to advise date for acceptance of CARS award - alleged failure to account for interest - costs order - amendment to raise bias allegation - amendment to raise claim magistrate wrongly failed to include amount for loss of use - whether magistrate erred in acting on basis that plaintiff received offers of compromise within time for acceptance. Legislation Cited: Civil Liability Act 2002 Evidence Act 1995 Local Court Act 2007 Motor Accidents Compensation Act 1999 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia Ltd v Australia National University [2009] HCA 27; 239 CLR 175 Brown v Repatriation Commission [2006] FCA 914 Ciszek v Enterprise Financial Solutions Pty Ltd [2010] NSWSC 1265 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143; 131 FCR 28 Coulter v R [1988] HCA 3; 164 CLR 350 Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Dumitrov v SC Johnson & Son Superannuation Pty Ltd (No 2) [2007] NSWSC 42 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Hobartville Stud Pty Ltd v Union Insurance Co Ltd (1991) 25 NSWLR 358 Pritchard v DJZ Constructions Pty Ltd & Ors [2012] NSWCA 196 Repatriation Commission v Warren [2008] FCAFC 64; 167 FCR 511 Sayed v Deng [2012] NSWSC 851 Sellars v Adelaide Petroleum NL [1994] HCA 4; 179 CLR 332 Category: Principal judgment Parties: Phillip Wood (Plaintiff) Stephen Paul Firth t/a Firths the Compensation Lawyers (Defendant) Representation: Counsel: In person (Plaintiff) M.J. Bleasel (Defendant) Solicitors: In person (Plaintiff) Firths (Defendant) File Number(s): 2012/396881 Decision under appeal Date of Decision: 2012-11-26 00:00:00 Before: Brydon LCM File Number(s): 2012/396881
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