Cairncross v Anderson t/as ERA Legal [2016] NSWSC 258

Supreme Court New South Wales

Medium Neutral Citation: Cairncross v Anderson t/as ERA Legal [2016] NSWSC 258 Hearing dates: 19 November 2015 Decision date: 17 March 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The hearing of the notice of motion of 2 September 2015 is part-heard before me. (2) The costs of the motion incurred to date are reserved. (3) The matter is listed for directions at 9 AM before the Common Law Registrar on 24 March 2016. Catchwords: PROCEDURE – strike out application – negligent legal advice alleged – advocate's immunity – whether the claim of the plaintiff is doomed to failure due to the immunity – reasonable possibility that the High Court will reconsider the scope of the immunity – whether the hearing should be stood over part-heard pending the determination of an appeal in the High Court Legislation Cited: Civil Procedure Act 2005 (NSW), s 66 Limitation Act 1969 (NSW), s 14 Trade Practices Act 1974 (Cth), s 73 (legislation repealed) Cases Cited: Attwells & Anor v Jackson Lalic Lawyers Pty Limited [2015] HCATrans 176 Attwells & Anor v Jackson Lalic Lawyers Pty Limited [2016] HCATrans 48 City of Sydney Council v Satara [2007] NSWCA 148 Clarke (as trustee of the Clarke Family Trust) & Ors v Great Southern Finance Pty Limited (Receivers and Managers Appointed) (in liquidation) & Ors [2014] VSC 516 D'Orta-Ekenaike v Victoria Legal Aid and Another [2005] HCA 12; (2005) 223 CLR 1 Giannarelli v Wraith [1988] HCA 52; (1988) 165 CLR 543 Jackson Lalic Lawyers Pty Limited v Attwells [2014] NSWCA 335 Rogers v Roche [2015] QCA 222 Stillman v Rusbourne [2015] NSWCA 410 Category: Principal judgment Parties: Tiffany Cairncross (Plaintiff/Respondent) Daren Anderson trading as ERA Legal (First Defendant/ First Applicant) Gallande Pty Limited trading as ERA Legal (Second Defendant/ Second Applicant) Representation: Counsel: N J Owens (Applicants) R E Dubler SC (Respondent)