It was admitted that the plaintiff would have been successful against her former solicitor for having failed to commence proceedings for her personal injuries.
Quantum was in dispute. The accident pre-dated the Civil Liability Act 2003 (Qld), but nevertheless quantum was assessed at only $11,757.22.
Her Honour Atkinson J held at paragraphs 128 and 129 that the assessment was less than the costs of taking the matter to court and no judgment would be entered in the Supreme Court as it was a matter, which was and had always been a matter within the jurisdiction of the Magistrates’ Court.
Brisbane Barrister – David Cormack