Wilkinson v Daley and Anor trading as Colin Daley Quinn & 2 Ors [2004] NSWCA 331

Wilkinson v Daley and Anor trading as Colin Daley Quinn & 2 Ors [2004] NSWCA 331

The appellant failed to prove the identity of defendants or any evidence regarding satisfaction of potential judgments, thus loss of common law rights was not proved. Damages for loss of statutory compensation under the Victims Support and Rehabilitation Act were properly awarded based on available evidence and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 September 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs; cross-appeal allowed in part; costs orders varied
Legal Topics
["solicitor's Negligence" 'statute of Limitations' 'victims Compensation' 'proof of Loss' 'costs Apportionment']
['damages' 'professional Negligence'] ["solicitor's Negligence" 'statute of Limitations' 'victims Compensation' 'proof of Loss' 'costs Apportionment']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the appellant proved loss of common law rights due to solicitor negligence' 'Whether judgments against unidentified defendants would have been satisfied' 'Appropriate damages for loss of statutory compensation rights' 'Correct apportionment of trial costs']

Ratio Decidendi

The appellant failed to prove the identity of defendants or any evidence regarding satisfaction of potential judgments, thus loss of common law rights was not proved. Damages for loss of statutory compensation under the Victims Support and Rehabilitation Act were properly awarded based on available evidence and proper medical reporting. Trial costs should reflect the proportion of time spent on successful vs unsuccessful claims and were reapportioned accordingly.

Court Disposition

Appeal dismissed with costs; cross-appeal allowed in part; costs orders varied

Orders

  • ['Appeal dismissed with costs.' 'Cross-appeal allowed in part.' "The Judge's order as to the costs of the trial, other than for the adjournments on 3 and 4 September 2002 and the costs of the motion for leave to re-open set aside." "Defendants pay 40 per cent of the plaintiff's costs of the trial other than the...