Attwells v Jackson Lalic Lawyers Pty Ltd [2013] NSWSC 1510

Supreme Court New South Wales

Medium Neutral Citation: Attwells v Jackson Lalic Lawyers Pty Ltd [2013] NSWSC 1510 Hearing dates: 10 October 2013 Decision date: 17 October 2013 Jurisdiction: Common Law Before: Harrison J Decision: 1. I make no order on the separate question referred by Schmidt J. 2. I order that the costs of the hearing of the separate question be the costs in the cause. Catchwords: PROCEDURE - settlement of proceedings and entry of judgment - where judgment conclusively determines plaintiffs' liability to bank as guarantors - where plaintiffs' liability as guarantors not accurately reflected in the judgment - where plaintiffs allege solicitors advice to settle was negligent - advocate's immunity - whether controversy concerning indebtedness as guarantors quelled by judgment in previous proceedings - whether plaintiffs' liability can be revisited - whether solicitors' advice regarding consent orders "intimately connected" with conduct of plaintiffs' case below - whether advocate's immunity extends to compromise made after court is informed proceedings have settled where terms of settlement relate to matters not disputed in court - whether matters not in dispute collateral to previous proceedings not offending principle of finality - whether question of advocate's immunity can be considered separately from principal allegations of negligence Cases Cited: Attwells v Jackson Lalic Lawyers Pty Ltd [2013] NSWSC 925 Attwells v Marsden [2011] NSWSC 38 Biggar v McLeod [1978] 2 NZLR 9 Bott v Carter [2012] NSWCA 89 Chamberlain v Ormsby [2005] NSWCA 454 D'Orta-Ekenaike v Victorian Legal Aid [2005] HCA 12; (2005) 223 CLR 1 Donellan v Watson (1990) 21 NSWLR 335 Donnellan v Woodland [2012] NSWCA 433 Gattellaro v Spencer [2010] NSWSC 1122 Giannarelli v Wraith [1988] HCA 52; (1988) 165 CLR 543 Symonds v Vass [2009] NSWCA 139; (2009) ALR 689 Category: Procedural and other rulings Parties: Gregory Ian Attwells (First Plaintiff) Noel Bruce Attwells (Third Plaintiff) Jackson Lalic Lawyers Pty Ltd (Defendant) Representation: Counsel: J C Kelly SC (Plaintiffs) P Silver (Defendants)