Moss v Eagleston [2014] NSWSC 6

Supreme Court New South Wales

Medium Neutral Citation: Moss v Eagleston [2014] NSWSC 6 Hearing dates: 2, 3 and 4 April 2013; further submissions closed 30 January 2014 Decision date: 04 March 2014 Before: McCallum J Decision: Proceedings dismissed Catchwords: TORTS - professional negligence - legal profession - where employed solicitor privately agreed to draft statement of claim after his employer's retainer had been terminated - advocate's immunity - whether available where not expressly raised as a defence - scope of solicitor's duty of care in drafting statement of claim - whether informed by agreement to provide services on a pro bono basis - whether causes of action in defamation and unconscionable or misleading or deceptive conduct ought to have been included in the pleading - whether solicitor undertook to represent plaintiff at the hearing of the pleaded claim - whether plaintiff lost chance of succeeding on pleaded claim - whether plaintiff lost chance of succeeding on causes of action omitted from pleading - value of any lost chance Legislation Cited: Defamation Act 1974 Defamation Act 2005 Limitation Act 1969 Cases Cited: D'Orta-Ekenaike v Victorian Legal Aid [2005] HCA 12; 223 CLR 1 Donnellan v Woodland [2012] NSWCA 433 Fleeton v Fitzgerald (1998) 9 BPR 16,715 Hawkins v Clayton [1988] HCA 15; 164 CLR 539 Heenan v Di Sisto [2008] NSWCA 25 Houda v State of New South Wales [2012] NSWSC 1036 Moss v Eaglestone [2011] NSWCA 404 Ritson v Gay & Lesbian Community Publishing Limited [2012] NSWSC 483 Watson v Foxman (1995) 49 NSWLR 315 Waimond v Byrne (1989) 18 NSWLR 642 Woolcock St Investments Pty Ltd v CDG Pty Ltd [2004] HCA 16; (2004) 216 CLR 515 Category: Principal judgment Parties: William Moss (plaintiff) Mark Eagleston (defendant) Representation: G Curtin SC (counsel for defendant) Solicitors: Colin Biggers & Paisley (defendant) File Number(s): 2009/293847 Publication restriction: None