Glenice Bailey v Warwick La hood [2017] NSWSC 1354

Supreme Court New South Wales

Medium Neutral Citation: Glenice Bailey v Warwick La hood [2017] NSWSC 1354 Hearing dates: 28 August – 1 September 2017 Date of orders: 19 September 2017 Decision date: 19 September 2017 Jurisdiction: Common Law Before: Rein J Decision: See [41] - [52], [70]. Catchwords: NEGLIGENCE – complex and extensive history of litigation between the plaintiff and family members and by the plaintiff against several former lawyers – in the original transaction the plaintiff became registered as owner of a rural property in 1979. In 1990 her father brought proceedings against the plaintiff and the plaintiff was represented in those proceedings and at the settlement of those proceedings by firm No 1. Later the plaintiff retained firm No 2 to bring proceedings against firm No 1 in connection with their handling of the original matter, and firm No 3 was retained to attempt to resolve those proceedings against firm No 1. After resolution of the proceedings against firm No 1, the plaintiff was advised by firm No 3 (i.e. the defendants) that she did not have "high prospects" of success against firm No 2 for the manner in which firm No 2 had conducted the proceedings against firm No 1. The plaintiff alleged that the defendants' advice was negligently given and that the defendants had breached a fiduciary obligation to the plaintiff, including a duty to act in her best interests and that the defendants had engaged in misleading and deceptive conduct – whether the advice given was negligent – whether the advice was relied on by the plaintiff – whether there was any breach of fiduciary duty or any misleading and deceptive conduct – discussion of other issues impacting on the quantification of damages if liability had been established, including matters relating to Crown Lands Consolidation Act 1913 (NSW). Legislation Cited: Competition and Consumer Act 2010 (Cth) sch 2 ('Australian Consumer Law') Crown Lands Consolidation Act 1913 (NSW) Trade Practices Act 1974 (Cth) Civil Liability Act 2002 (NSW) Cases Cited: Sidmouth v Sidmouth (1840) 2 Beav 447; 48 ER 1254 Charles Marshall Pty Ltd v Grimsley (1956) 95 CLR 353 Trustees of the Property of Cummins (a bankrupt) v Cummins (2006) 227 CLR 278 Napier v Public Trustee (WA) (1980) 32 ALR 153 Baumgartner v Baumgartner (1987) 164 CLR 137 Swettenham v Wild [2005] QCA 264 Roach v Bickle (1915) 20 CLR 663 Butts v O'Dwyer (1952) 87 CLR 267 OXS Pty Ltd v Sydney Harbour Foreshore Authority [2016] NSWCA 120 Strang v Strang [2009] NSWSC 760 Harvey v Harvey (1970) 120 CLR 529 Commonwealth v Amann Aviation (1991) 174 CLR 64 NCON Australia Ltd v Spotlight Pty Ltd [2012] VSC 604 Malabar RSL Sub-Branch Club Pty Ltd v RSL Custodians Pty Ltd [2014] NSWSC 1016 Category: Principal judgment Parties: Glenice Bailey (Plaintiff) Warwick La Hood (First Defendant) Gerrard Toltz (Second Defendant) Representation: Counsel: Self-represented (Plaintiff) J. Emmett & H. Grace (Defendants)