Cairncross v Anderson t/as ERA Legal (No 2) [2016] NSWSC 1326

Supreme Court New South Wales

Medium Neutral Citation: Cairncross v Anderson t/as ERA Legal (No 2) [2016] NSWSC 1326 Hearing dates: 14 June 2016 Decision date: 20 September 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The notice of motion of the defendant of 2 September 2015 is dismissed. (2) Costs reserved. (3) The matter is listed for directions before the Common Law Registrar at 9 AM on 27 September 2016. Catchwords: CIVIL – PROCEDURE – strike out application – negligent legal advice alleged – whether claim of the plaintiff is doomed to failure as a result of advocate's immunity – scope of the application of advocate's immunity to work performed out of court – scope of the application of advocate's immunity to consent orders Legislation Cited: Civil Procedure Act 2005 (NSW), s 173 Supreme Court Act 1986 (Vic), Pt 4A Cases Cited: Attwells v Jackson Lalic Lawyers Pty Limited (2016) 90 ALJR 572; [2016] HCA 16 Cairncross v Anderson t/as ERA Legal [2016] NSWSC 258 Clarke (as trustee of the Clarke Family Trust) v Great Southern Finance Pty Ltd (Receivers and Managers Appointed)(in liquidation) [2014] VSC 516 D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125; [1964] HCA 69 Giannarelli v Wraith (1988) 165 CLR 543; [1988] HCA 52 Category: Procedural and other rulings 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) M Henry (Respondent)