Kent v Jacques [2014] NSWSC 469

Supreme Court New South Wales

Medium Neutral Citation: Kent v Jacques [2014] NSWSC 469 Hearing dates: 5 April 2013 Decision date: 24 April 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)Appeal allowed; (2)Set aside the judgment and orders pronounced on the cross-claim in the Local Court on 18th October 2012 and instead order judgment for the cross-defendant on the cross-claim and order the defendant to pay the plaintiff's costs in relation to the claim and the cross-claim on the ordinary basis forthwith after they have been agreed or assessed; (3)The defendant to pay the plaintiff's costs of the appeal on the ordinary basis forthwith after they have been agreed or assessed. Catchwords: APPEAL - civil - local court - professional negligence - whether failure to join further potential defendants negligent - whether evidence to support such a finding Legislation Cited: Civil Liability Act 2002 (NSW), s 5D Civil Procedure Act 2005 (NSW), ss 65, 100 Evidence Act 1995 (NSW), s 69 Local Court Act 2007 (NSW), s 39 Supreme Court Act 1970 (NSW), s 75A Cases Cited: Brinn and Jarvis v Russell, Jones & Walker (a firm) [2003] PNLR 16; [2002] EWHC 2727 D'Orta-Ekenaike v Victoria Legal Aid and Anor [2005] HCA 12; (2005) 223 CLR 1; Donnellan v Woodland [2012] NSWCA 433; Fink v Fink (1946) 74 CLR 127; Jacques v Forte Enterprises Pty Ltd [2012] NSWSC 1241; Jacques v Kent (t/as Kent Attorneys) [2012] NSWSC 255; State of New South Wales v Moss [2000] NSWCA 133; (2000) 54 NSWLR 536 Category: Principal judgment Parties: Rodney Kent and Tim Orlizki trading as Kent Attorneys (Plaintiff) Philip Jacques (Defendant) Representation: Counsel: J T Gibson (Plaintiff) D Lloyd (Defendant Solicitors: Kent Attorneys (Plaintiff) Dominic Sisinni (Defendant) File Number(s): 2012/350197