White v Forster [2014] NSWSC 1767

White v Forster [2014] NSWSC 1767

The plaintiffs’ claims against both the solicitor and barrister are struck out; as against the barrister, primarily because the claim is statute barred under s 14 Limitation Act 1969 (NSW), and as against the solicitor, because the claim is precluded by advocate's immunity, which covers all the particulars of alleged negligence in this case.

Jurisdiction
Australia
Judgment Date
11 December 2014
Procedural Posture
Professional Negligence, Civil Law / Strike Out Application; Summary Judgment
Outcome
Claims struck out; costs to defendants
Legal Topics
['professional Negligence' "advocate's Immunity" 'limitation Period' 'strike Out Application']
['civil Law'] ['professional Negligence' "advocate's Immunity" 'limitation Period' 'strike Out Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Professional Negligence, Civil Law / Strike Out Application; Summary Judgment

Legal Issues

  1. 1 ['Whether claims against solicitor and barrister for professional negligence are statute barred under s 14 Limitation Act 1969 (NSW)' "Whether solicitor and barrister are protected from suit by advocate's immunity" "Whether the question of advocate's immunity should be determined as a preliminary issue"]

Ratio Decidendi

The plaintiffs’ claims against both the solicitor and barrister are struck out; as against the barrister, primarily because the claim is statute barred under s 14 Limitation Act 1969 (NSW), and as against the solicitor, because the claim is precluded by advocate's immunity, which covers all the particulars of alleged negligence in this case.

Court Disposition

Claims struck out; costs to defendants

Orders

  • ['The claim of the plaintiffs against the second defendant is struck out.' 'The claim of the plaintiffs against the first defendant is struck out.' 'The plaintiffs must pay the costs of the first and second defendants.']