Liddy v Bazley [2013] NSWCA 319 (27 September 2013) (Basten JA at [1];, Emmett JA at [73];, Leeming JA at [81])

 

Before Basten JA at [1];
Emmett JA at [73];
Leeming JA at [81] 
Decision (1) Allow the appeal and set aside the judgment and orders made in the District Court.(2) In place thereof, order that –

(a) the plaintiff’s claim be dismissed, and
(b) the plaintiff pay the defendants’ costs of the trial.

(3) The respondent pay the appellants’ costs of the appeal.

(4) The respondent have a certificate under the Suitors’ Fund Act 1951 (NSW) with respect to the costs of the appeal.

 

Catchwords TORTS – professional negligence – breach of duty – solicitors instructed to make work injury damages claim – instructions given long after expiry of limitation period – failure to give advice and prosecute claimTORTS – professional negligence – causation – failure to address as element of cause of action likely instructions based on legal advice as to comparative value of compensation entitlements and damages

TORTS – professional negligence – damages – assessment of likely recovery at notional trial date – allowance for chance of not obtaining extension of time – notional advice as to comparative value of compensation entitlements and damages – value of medical benefits

 

 

David Cormack – Brisbane Barrister.

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