Matthew Chaina v Graham Douglas Bates and each of the partners of Mallesons Stephen Jacques, as it was known at the relevant time, listed in the revised schedule A in the amended statement of claim [2015] NSWSC 1867

Matthew Chaina v Graham Douglas Bates and each of the partners of Mallesons Stephen Jacques, as it was known at the relevant time, listed in the revised schedule A in the amended statement of claim [2015] NSWSC 1867

The issues of duty and breach were sufficiently distinct from the issue of damage, which depended on the outcome of the college proceedings and any appeal, and their early determination would contribute to a just, quick and cheap resolution of the proceedings. If either duty or breach were resolved adversely to the plaintiffs, the matter would end. The defendants' reasons for separate determination were sound despite the absence of a filed defence and possible limited overlap on credit issues.

Jurisdiction
Australia
Judgment Date
10 December 2015
Procedural Posture
Professional Negligence Proceedings Against Solicitors; Notice of Motion for Separate Determination of Issues / Motion Under UCPR R 28.2 for Separate Determination of Issues of Duty and Breach
Outcome
Separate determination of the issues of duty and breach ordered; further pleading orders deferred; costs of the motion to be costs in the cause.
Legal Topics
['separate Determination of Issues' 'duty and Breach' 'delay in Proceedings' 'civil Liability Act 2002' 'just, Quick and Cheap Resolution of Proceedings']
['practice and Procedure' 'professional Negligence' "solicitors' Negligence" 'costs'] ['separate Determination of Issues' 'duty and Breach' 'delay in Proceedings' 'civil Liability Act 2002' 'just, Quick and Cheap Resolution of Proceedings']

Case Brief

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Procedural Posture

Professional Negligence Proceedings Against Solicitors; Notice of Motion for Separate Determination of Issues / Motion Under UCPR R 28.2 for Separate Determination of Issues of Duty and Breach

Legal Issues

  1. 1 ['Whether the issues of duty and breach in professional negligence proceedings against solicitors should be separately determined under UCPR r 28.2.' 'Whether proposed further pleading orders should be made before Jean-Pierre Chaina had an opportunity to be heard.']

Ratio Decidendi

The issues of duty and breach were sufficiently distinct from the issue of damage, which depended on the outcome of the college proceedings and any appeal, and their early determination would contribute to a just, quick and cheap resolution of the proceedings. If either duty or breach were resolved adversely to the plaintiffs, the matter would end. The defendants' reasons for separate determination were sound despite the absence of a filed defence and possible limited overlap on credit issues.

Court Disposition

Separate determination of the issues of duty and breach ordered; further pleading orders deferred; costs of the motion to be costs in the cause.

Orders

  • ['Separate determination of the issues of duty and breach ordered.' 'Directions to be given so that Jean-Pierre Chaina has the opportunity to be heard on proposed pleading orders and any other required directions.' 'Costs of the motion are to be costs in the cause.']