Stanton v Tyler [2015] NSWSC 797

Stanton v Tyler [2015] NSWSC 797

There is a reasonably arguable triable issue whether the alleged negligent advice regarding jurisdiction and standing falls outside the scope of advocates' immunity; summary dismissal/strike out application cannot be determined on the pleadings and must be dismissed.

Parties
First Plaintiff/respondent: Nicole Stanton; Second Plaintiff/respondent: Denise Olender; Third Plaintiff/respondent: Steven Olender; First Defendant/applicant: Rosana Celina Tyler; Second Defendant/applicant: Lucinda Wilson
Jurisdiction
Australia
Judgment Date
19 June 2015
Procedural Posture
Civil Application / Summary Dismissal/strike Out Motions
Outcome
application dismissed
Legal Topics
Advocates' Immunity, Negligence, Breach of Fiduciary Duty, Misleading and Deceptive Conduct, Jurisdiction, Standing, Summary Dismissal, Costs
Civil Procedure Professional Negligence Advocates' Immunity Negligence Breach of Fiduciary Duty Misleading and Deceptive Conduct Jurisdiction Standing +2 more

Case Brief

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Parties

Nicole Stanton

First Plaintiff/respondent

Denise Olender

Second Plaintiff/respondent

Steven Olender

Third Plaintiff/respondent

Rosana Celina Tyler

First Defendant/applicant

Lucinda Wilson

Second Defendant/applicant

Procedural Posture

Civil Application / Summary Dismissal/strike Out Motions

Legal Issues

  1. 1 Whether advocates' immunity applies to negligent advice regarding jurisdiction and standing
  2. 2 Whether the claim is essentially for wasted costs barred by the immunity
  3. 3 Whether the plaintiffs' causes of action fall within or outside the scope of advocates' immunity

Ratio Decidendi

There is a reasonably arguable triable issue whether the alleged negligent advice regarding jurisdiction and standing falls outside the scope of advocates' immunity; summary dismissal/strike out application cannot be determined on the pleadings and must be dismissed.

Court Disposition

application dismissed

Orders

  • The Amended Notice of Motion filed on behalf of the First Defendant, Rosana Tyler, on 20 February 2015, is dismissed.
  • The Notice of Motion filed on behalf of the Second Defendant, Lucinda Wilson, on 27 February 2015, is dismissed.