Richards v Paul Anthony Carroll, Diana Badui Farah, Hanaan Mary Indari, Stanislaus Anthony Carroll, Gerard Mark Phillips, John Michael O'Dea, Anthony James Baine, Adrian John O'Dea, Robert Patrick Higgins t/as Carroll & O'Dea [2014] NSWDC 249

District Court New South Wales

Medium Neutral Citation: Richards v Paul Anthony Carroll, Diana Badui Farah, Hanaan Mary Indari, Stanislaus Anthony Carroll, Gerard Mark Phillips, John Michael O'Dea, Anthony James Baine, Adrian John O'Dea, Robert Patrick Higgins t/as Carroll & O'Dea [2014] NSWDC 249 Hearing dates: 24 November 2014 Decision date: 24 November 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Strike out the Reply filed without leave on 10 November 2014. (2) Grant leave to the plaintiff to file and serve on or before 1 December 2014 an Amended Reply containing the terms of paragraph 1 of the earlier Reply and also specifying the nature and period of the disability alleged by the plaintiff. (3) Vacate the hearing listed before the Court today. (4) Order the tutor, Laura Richards, to pay the first defendant's costs of the application for leave to file a Reply and any costs thrown away by reason of the vacation of the hearing date. (5) Note the undertaking of the plaintiff's solicitor, Herbert Weller, to the first defendant, to meet the costs order in order 4 above, in the event that the tutor or the plaintiff is unable so to do. (6) Note the undertaking given by the plaintiff, the tutor and the plaintiff's solicitor to the Court to discontinue the proceedings as against the second defendant prior to or on the occasion of the Amended Reply being filed. (7) Note that the plaintiff does not propose to rely upon the document entitled "National Australia Trustee Balanced Portfolio". (8) Order the plaintiff to pay the second defendant's costs of the proceedings, as a consequence of the discontinuance. (9) Any Defence to the Amended Statement of Claim to be filed by the first defendant by 1 December 2014. (10) Stand over the proceedings for directions on Friday, 5 December 2014 at 9.30am before the list judge. Catchwords: PROFESSIONAL NEGLIGENCE - claim against solicitor - failed to appoint tutor - plaintiff obtained settlement monies - monies lost on poor investment - some recovery by second solicitor - second solicitor failed to sue first solicitor - limitation period - suspended for disability - pleadings - adjournment Legislation Cited: Limitation Act 1969, s 11, s 50C Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Category: Interlocutory applications Parties: Michael Richards (plaintiff) Paul Anthony Carroll, Diana Badui Farah, Hanaan Mary Indari, Stanislaus Anthony Carroll, Gerard Mark Phillips, John Michael O'Dea, Anthony James Baine, Adrian John O'Dea, Robert Patrick Higgins t/as Carroll & O'Dea (first defendant) Enterprise Network for Young Australian Ltd trading as The Youth and Enterprise Legal Centre (second defendant) Representation: Mr N Kabilafkas (first defendant) Mr W R Chan (second defendant) Herbert Weller (plaintiff) HWL Ebsworth (first defendant) Clamenz Lawyers (second defendant) File Number(s): 2013/256386 Publication restriction: None