Liascos v Walmsley [2015] NSWDC 160

District Court New South Wales

Medium Neutral Citation: Liascos v Walmsley [2015] NSWDC 160 Hearing dates: 6 February 2015 Date of orders: 06 February 2015 Decision date: 06 February 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005, strike out paragraph 20 on page 5 of the Amended Statement of Claim and all those paragraphs and subparagraphs on pages 6, 7, 8 and 9 up to and including paragraph 18 on page 9. (2) Direct that any proposed Further Amended Statement of Claim be served on the defendant within 14 days. (3) In the event that the defendant does not consent to the filing of any proposed Further Amended Statement of Claim so served, the plaintiff have leave by 6 March 2015 to file a notice of motion returnable before me for leave to file the Further Amended Statement of Claim in the form served. (4) In the event that no such notice of motion is filed by 6 March 2015 and no Further Amended Statement of Claim is filed by consent by that date, the defendant is at liberty to re-list the matter before me for further orders disposing of the residue of the Amended Statement of Claim. (5) Plaintiff to pay the defendant's costs of the notice of motion. Catchwords: PRACTICE AND PROCEDURE – application for summary judgment or to strike out statement of claim – client suing his former solicitor – advocate's immunity Legislation Cited: Civil Procedure Act 2005, s 99 Uniform Civil Procedure Rules 2005, r 14.28 Cases Cited: D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1 Donnellan v Woodland [2012] NSWCA 433 Giannarelli & Shulkes v Wraith (1988) 165 CLR 543 Kendirjian v Lepore [2014] NSWDC 66 Young v Hones [2014] NSWCA 337 Category: Procedural and other rulings Parties: James Liascos (plaintiff) Adrian Walmsley trading as AR Walmsley & Co (defendant) Representation: Counsel: Mr C Bolger (plaintiff) Mr D Lloyd (defendant)