Catchwords: APPEALS – procedure – application for stay of judgment pending appeal – stay refused on the condition that the first and second respondents give certain undertakings ...
Catchwords: OCCUPATIONS – Legal practitioners – Solicitors – Professional negligence – Advising client – Whether solicitor settled motor accident insurance claim prematurely and at an undervalue – Whether solicitor entitled to rely on Civil Liability Act 2002 (NSW), s 5O – Whether causation of loss established – Appeal dismissed NEGLIGENCE – Breach – Standard of care – Professional negligence – Whether solicitor acted in a manner widely accepted in Australia by peer professional opinion as competent professional practice – Expert opinion adduced not determinative merely because not challenged on ground of irrationality – Where solicitor gave clear and repeated advice discouraging premature settlement at undervalue despite client’s perilous financial position and desire for quick settlement – Where early settlement prudent given risk of future disclosure of information adverse to claim – Where accepted offer far from so unreasonable as to warrant warning against acceptance – No breach of duty of care NEGLIGENCE – Causation – Factual causation – Whether client would have accepted offer even if given proper advice – Competing expert opinions – Where accepted offer was slightly above mid-range of potential outcomes – Where client in precarious financial position – Where clear willingness to settle – Where risk of future disclosure of information adverse to claim – Causation not established ...
Orders: (1) Dispense with Uniform Civil Procedure Rules 2005 (NSW), r 7.14 with respect to the commencement and carrying on by the applicant of his application for leave to appeal. (2) Grant leave to appeal from the consent orders made on 28 October 2020. (3) Dispense with the need for the applicant to file any notice of appeal and allow the appeal. (4) Set aside the orders made on 28 October 2020 except for order 7. (5) Remit the summons to the Common Law Division to be reheard, and direct that at the...
Catchwords: WORKERS COMPENSATION – medical assessment – appeal from approved medical specialist to Appeal Panel – whether second appeal to Appeal Panel available on ground of deterioration – whether application for further appeal should have been treated as application for reconsideration, or whether notice to applicant should have been given, before application dismissed APPEALS – consideration of nature of appeals from approved medical specialist to Appeal Panel – consideration of nature of appeals from Associate Judge to Court of Appeal ...
Catchwords: APPEAL – application for leave to appeal – where final orders entered by consent – applicant claiming not to have understood effect of orders for medical reasons – whether orders liable to be set aside on that basis ...
Catchwords: NATIVE TITLE – application for leave to appeal against interlocutory judgment rejecting an application to strike out the State’s Response to the Statement of Facts and Matters which the Applicants sought to have admitted – whether the judgment attended by sufficient doubt to warrant the attention of the Full Court – whether, assuming the judgment to be wrong, the Applicants would suffer substantial injustice by a refusal of leave – application for leave to appeal dismissed by the majority – minority would grant leave but dismiss the appeal. ...