Young v Hones (No.2) [2013] NSWSC 1429

Young v Hones (No.2) [2013] NSWSC 1429

Advocate's immunity and witness immunity are complete defences to all causes of action pleaded by the plaintiff against the solicitors, barrister, and expert witnesses, as the relevant alleged conduct occurred in the course of or in preparation for litigation. The plaintiff has had ample opportunity to amend her claim, and no further amendment will be permitted. All proceedings are to be dismissed.

Parties
Plaintiff: Margo Young; First Defendant: Keith Hones; Second Defendant: Jason Hones; Third Defendant: Ian Hemmings; Fourth Defendant: Hughes Trueman Pty Ltd; Fifth Defendant: Stephen John Perrens
Jurisdiction
Australia
Judgment Date
27 September 2013
Procedural Posture
Civil (common Law) / Determination of Separate Questions (advocate's and Witness Immunity); Interlocutory Application for Amendment; Summary Dismissal
Outcome
Proceedings dismissed. Plaintiff to pay defendants' costs.
Legal Topics
Advocate's Immunity, Witness Immunity, Pleadings and Amendments, Strike Out Applications, Negligence by Lawyers, Expert Witness Immunity
Civil Procedure Professional Negligence Advocate's Immunity Witness Immunity Pleadings and Amendments Strike Out Applications Negligence by Lawyers Expert Witness Immunity

Case Brief

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Parties

Margo Young

Plaintiff

Keith Hones

First Defendant

Jason Hones

Second Defendant

Ian Hemmings

Third Defendant

Hughes Trueman Pty Ltd

Fourth Defendant

Stephen John Perrens

Fifth Defendant

Procedural Posture

Civil (common Law) / Determination of Separate Questions (advocate's and Witness Immunity); Interlocutory Application for Amendment; Summary Dismissal

Legal Issues

  1. 1 Whether advocate's immunity is a complete defence to the claims against the first, second and third defendants
  2. 2 Whether witness immunity is a complete defence to the claims against the fourth and fifth defendants
  3. 3 Whether leave should be granted to further amend the Statement of Claim

Ratio Decidendi

Advocate's immunity and witness immunity are complete defences to all causes of action pleaded by the plaintiff against the solicitors, barrister, and expert witnesses, as the relevant alleged conduct occurred in the course of or in preparation for litigation. The plaintiff has had ample opportunity to amend her claim, and no further amendment will be permitted. All proceedings are to be dismissed.

Court Disposition

Proceedings dismissed. Plaintiff to pay defendants' costs.

Orders

  • (1) Answers to separate questions: advocate's immunity and witness immunity are complete answers to all causes of action against the respective defendants.
  • (2) Proceedings dismissed.