Jackson Lalic Lawyers Pty Limited v Attwells [2014] NSWCA 335

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jackson Lalic Lawyers Pty Limited v Attwells [2014] NSWCA 335 Hearing dates: 23 July 2014 Decision date: 01 October 2014 Before: Bathurst CJ at [1]; Meagher JA at [49]; Ward JA at [50] Decision: (1)Grant the applicant leave to appeal. (2)Direct the applicant to file a notice of appeal in the form of the draft amended notice of appeal contained in the application book amended to seek orders setting aside the orders of the primary judge made on 17 October 2013. (3)Order that the separate question of whether the plaintiffs' claim is defeated entirely, because the defendants are immune from suit be answered as follows: The advocate's immunity from suit is a complete answer to the claim made by the plaintiffs. (4)Order that judgment be entered for the applicant in the proceedings. (5)Order the respondents pay the applicant's costs of the proceedings in this Court and the Court below but have a certificate under the Suitors' Fund Act 1951 (NSW) if eligible. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - civil - separate question - whether matter ripe for determination, were facts agreed and breach clearly defined

TORTS - negligence - defences - advocates' immunity - scope - whether advice intimately connected with conduct of proceedings - advice led to settlement of proceedings by way of consent order Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-58 Suitors' Fund Act 1951 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Adam P Brown Male Fashions Proprietary Limited v Philip Morris Incorporated (1981) 148 CLR 170 Alpine Holdings Pty Ltd v Feinauer [2008] WASCA 85 Attard v James Legal Pty Ltd [2010] NSWCA 311; (2010) 80 ACSR 585 Bass v Permanent Trustee Company Limited [1999] HCA 9; (1999) 198 CLR 334 Biggar v McLeod [1978] 2 NZLR 9 Bott v Carter [2012] NSWCA 89 Carl Zeiss Stiftung v Herbert Smith & Co [1969] 1 Ch 93 CBS Productions Pty Ltd v O'Neill (1985) 1 NSWLR 601 Chamberlain v Ormsby t/as Ormsby Flower [2005] NSWCA 454 D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1 Donellan v Watson (1990) 21 NSWLR 335 Donnellan v Woodland [2012] NSWCA 433 Giannarelli v Wraith [1988] HCA 52; (1988) 165 CLR 543 Landsal Pty Ltd (In liquidation) v REI Building Society, now the Co-operative Building Society of South Australia [1993] FCA 121; (1993) 41 FCR 421 MacRae v Stevens (1996) Aust Torts Reports 81-405 Rees v Sinclair [1974] 1 NZLR 180 Saif Ali v Sydney Mitchell & Co [1980] AC 198 Symonds v Vass [2009] NSWCA 139; (2009) 257 ALR 689 Category: Principal judgment Parties: Jackson Lalic Lawyers Pty Limited (Applicant) Gregory Ian Attwells (First respondent) Noel Bruce Attwells (Second respondent) Representation: Counsel: Dr A S Bell SC/ P Silver (Applicant) J C Kelly SC/ G M Colman (Respondents) Solicitors: Sparke Helmore (Applicant) Whites Layers (Respondents) File Number(s): 2013/341556 Decision under appeal Citation: [2013] NSWSC 1510 Date of Decision: 2013-10-10 00:00:00 Before: Harrison J File Number(s): 2011/185796