White
v Forster (NSWSC) - professional negligence - limitation
of actions - advocates' immunity - claims against solicitor and barrister struck
out (I)
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Banks
v Alphatise Pty Ltd (NSWSC) - pleadings -
corporations - leave to amend statement of claim - strike-out application
refused (I B)
|
In
the matter of Elsmore Resources Ltd (NSWSC) - failure to
comply with order to pay security for costs - motion for dismissal of
proceedings adjourned (B)
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| Summaries With Link (Five Minute Read) |
White v Forster [2014] NSWSC 1767
Supreme Court of New South Wales
Button J
Professional negligence - solicitors'
duties - plaintiffs sued solicitor and barrister for professional negligence -
solicitor and barrister sought to have proceedings struck out pursuant to r13.4
Uniform Civil Procedure Rules 2005 (NSW) on basis they were statute
barred pursuant to s14 Limitation Act
1969 (NSW) and on basis of advocate's immunity - held: claim against
barrister statute-barred and struck out - if Court wrong that claim against
barrister was statute-barred, Court would nevertheless strike out claim on
basis it was precluded by advocate's immunity - claim against solicitor not
clearly statute-barred - bases of claim against solicitor either work done in
court or work out of court that led to decision that affected conduct of case
in court - claim precluded against solicitor by immunity - claim against
solicitor struck out.
White (I)
 |
Banks v Alphatise Pty
Ltd
[2014] NSWSC 1437
Supreme Court of New South Wales
Brereton J
Pleadings - corporations - plaintiff sued defendants for
relief arising out of agreement between first defendant and plaintiff -
plaintiff alleged first defendant did not perform agreement - alternatively,
plaintiff alleged term of agreement amounted to representation as to future
matter which was misleading and deceptive because first defendant did not have
reasonable grounds for making it - sole case against second defendant was that
he was knowingly concerned in making of misrepresentation - second defendant
sought dismissal of proceedings against him or that paragraphs of statement of
claim be struck out - original statement of claim did not contain distinct
allegation that second defendant knew first defendant did not have reasonable
grounds for making representation - held: facts from which it was contended an
inference of actual knowledge should be drawn were not required to be pleaded -
leave to amend statement of claim granted - strike out application refused.
Banks (I B)
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In the matter of
Elsmore Resources Ltd
[2014] NSWSC 1687
Supreme Court of New South Wales
Robb J
Security for costs - third defendant sought dismissal of
plaintiff's claim against him because plaintiff failed to comply with order
that it provide security for costs - held: plaintiff had not provided security
as required by orders - effect of orders was that proceeding was stayed - third
defendant had demonstrated that continuation of proceedings against him was
likely to cause continuing damage to his reputation - in the circumstances, not
appropriate to make order for dismissal - equally inappropriate to dismiss
notice of motion - qualms flowed from inadequate notice given to plaintiff -
possibility that lack of notice contributed to any misjudgment made by
plaintiff may be resolved by plaintiff being given short additional time to
provide security for costs - motion adjourned.
In the matter of Elsmore Resources Ltd
(B)
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