MORRISON and ANOR v JUDD [1995] NSWCA 300

MORRISON and ANOR v JUDD [1995] NSWCA 300

Errors identified by Spender AJ did not warrant overturning the Master's discretionary decision. The Master's consideration of a possible claim against solicitors was relevant but of little weight, and proper weight was given to prejudice due to delay. Therefore, the Judge's orders are set aside and the Master's orders restored.

Parties
Appellant: Mr Robert Morrison; Appellant: Mr Ronald Brown; Respondent: Ms Andrea Judd
Jurisdiction
Australia
Judgment Date
10 October 1995
Procedural Posture
Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Extension of Time, Prejudice Due to Delay, Discretionary Appellate Review, Negligence by Solicitors, Obligation to Advise Client, Conflict of Interest
Practice and Procedure Legal Practitioners Tort Law Extension of Time Prejudice Due to Delay Discretionary Appellate Review Negligence by Solicitors Obligation to Advise Client +1 more

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Parties

Mr Robert Morrison

Appellant

Mr Ronald Brown

Appellant

Ms Andrea Judd

Respondent

Procedural Posture

Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the judge erred in granting leave to serve a statement of claim out of time
  2. 2 Weight to be given to availability of a claim against negligent solicitors
  3. 3 Proper consideration of prejudice resulting from delay (death of eyewitness, loss of evidence)

Ratio Decidendi

Errors identified by Spender AJ did not warrant overturning the Master's discretionary decision. The Master's consideration of a possible claim against solicitors was relevant but of little weight, and proper weight was given to prejudice due to delay. Therefore, the Judge's orders are set aside and the Master's orders restored.

Court Disposition

appeal allowed

Orders

  • Leave to appeal granted
  • Appeal allowed