Taylor v Hobson  QSC 226 is a strange old case. Plaintiffs sued defendants for damages alleging they had been misled into purchasing a business. They sued the vendors and the vendors’ solicitors, alleging that each of the vendors and the solicitors had made misleading representations. The solicitors (through their insurer) settled with the plaintiffs. The […]
Entries Tagged as 'Negligence'
Does a subrogated claim give rise to a general res judicata if an insured’s loss is partly insured and partly uninsured?
In De Armas v Peters  NSWSC 1050, the Supreme Court of NSW declined to grant leave to appeal from a decision of the Local Court. The Local Court had allowed a man to sue for the cost of repairs to his car, even though he had previously sued her for car hire costs he incurred while […]
A defendant seeking in Victoria to join a concurrent wrongdoer need not establish a prima facie case by evidence
Here is a link to a presentation by Ross Macaw QC on proportionate liability. It is produced by benchTV, an enhancement to the long-excellent new case notification service, Benchmark, provided by AR Connoly & Co in Sydney. Mr Macaw considers Justice John Dixon’s beautifully written judgment in Fabfloor (Vic) Pty Ltd v BNY Trust Company of […]
An Appeal Tribunal within the ACT Administrative Tribunal has put out a neat little decision which makes clear that where solicitors do work and bill it, where the client does not seek taxation within the time for doing so, and the solicitors sue for fees, the tribunal hearing the suit for fees still has, in […]
Some cases are just dead interesting. Dunnage v Randall  2 WLR 839,  WLR(D) 287,  EWCA Civ 673 is one of them. A man sued the estate of his late uncle for compensation for injuries he suffered when his uncle poured petrol on himself and set it alight. Despite the man’s efforts to prevent […]
Judge puts solicitors’ negligence case on ice pending outcome of High Court challenge to advocates’ immunity
In Cairncross v Anderson  NSWSC 258, Justice Button was asked to summarily dismiss a negligence claim against a solicitor on the basis that it was doomed to fail by virtue of the solicitors having taken the defence of advocates’ immunity. The negligence is said to have arisen in the course of the Great Southern proceedings in […]
Ok, so the High Court is still ruminating after the recent hearing of an appeal from Jackson Lalic Lawyers Pty Ltd v Attwells  NSWCA 335 in which the immunity was again challenged. And advocates’ immunity was probably already abolished in certain respects in Victoria by the Civil Procedure Act 2010, s. 29 of which gives anyone who […]
A woman sued a Melbourne school for injuries and distress occasioned by its headmistress’s sexual abuse of her as a girl. Represented by Lennon Mazzeo solicitors’ Nick Mazzeo, Dyson Hore-Lacy QC and David Seeman, she obtained judgment from Justice Rush of the Supreme Court of Victoria for $1.25 million, a substantial proportion of which was […]
It is not a new proposition, but it is often glossed over by defendants, just like the thoroughly orthodox proposition that legal causation does not require that a wrong be the sole, predominant, or proximate cause of the damage. The proposition is that where the court is satisfied that a wrong has caused actual loss of […]
Costs of a solicitor’s negligence claim which bombed only on causation; costs of the successful solicitor’s unsuccessful proportionate liability defence
In King v Benecke  NSWSC 957, Mr King alleged that his solicitor was negligent. The solicitor denied everything and lost on all but one issue, namely causation, with the result that the solicitor got judgment and Mr King only Pyrrhic victories. Mr King argued he should not have to pay all of the solicitor’s costs. Rather, he argued, […]