The Stuart Park Reserve Trust v Peedoms Lawyers [2009] NSWSC 1369

The Stuart Park Reserve Trust v Peedoms Lawyers [2009] NSWSC 1369

Although doubts exist about the substance of the defendant's causation defence, applying principles of summary disposal, the Court is not satisfied the defence is so obviously untenable it cannot possibly succeed; given the complexity of proceedings, summary judgment is refused.

Source-derived case information.

Parties
First Plaintiff: The Stuart Park (D580060) Reserve Trust; Second Plaintiff: Wollongong City Council; Defendant: Peedoms Lawyers Pty Ltd
Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Civil / Application for Summary Judgment and Application to Strike Out Defence
Outcome
Application for summary judgment dismissed; application to strike out defence dismissed.
Legal Topics
Solicitors’ Duties, Summary Judgment, Causation, Breach of Retainer, Rectification
Professional Negligence Contract Law Solicitors’ Duties Summary Judgment Causation Breach of Retainer Rectification

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Parties

The Stuart Park (D580060) Reserve Trust

First Plaintiff

Wollongong City Council

Second Plaintiff

Peedoms Lawyers Pty Ltd

Defendant

Procedural Posture

Civil / Application for Summary Judgment and Application to Strike Out Defence

Legal Issues

  1. 1 Whether the defendant breached duty of care or contract of retainer in drafting lease documents
  2. 2 Whether causation between breach and alleged loss exists
  3. 3 Whether summary judgment in favour of plaintiffs should be granted

Ratio Decidendi

Although doubts exist about the substance of the defendant's causation defence, applying principles of summary disposal, the Court is not satisfied the defence is so obviously untenable it cannot possibly succeed; given the complexity of proceedings, summary judgment is refused.

Court Disposition

Application for summary judgment dismissed; application to strike out defence dismissed.

Orders

  • Application for summary judgment dismissed.
  • Application that defence be struck out dismissed.