Stillman v Rusbourne [2014] NSWSC 730

Stillman v Rusbourne [2014] NSWSC 730

Taking the Plaintiff's allegations at their highest, the conduct complained of was work leading to the conduct of the case in court. Advice leading to a settlement falls within advocate's immunity. The Defendants have demonstrated that the Plaintiff does not have a reasonable cause of action against them, so proceedings should be dismissed pursuant to r 13.4 UCPR.

Parties
Plaintiff: Trevor James Stillman; First Defendant: Peter Edward John Rusbourne; Second Defendant: Matthew Gerard Coates; Third Defendant: Tiana Victoria Daly; Fourth Defendant: Sonja Adriana Fay Daly; Sixth Defendant: Leanne Kylie Walker
Jurisdiction
Australia
Judgment Date
13 June 2014
Procedural Posture
Negligence Claim Against Legal Practitioners / Motion for Summary Dismissal
Outcome
Proceedings dismissed pursuant to r 13.4 UCPR; Plaintiff to pay costs.
Legal Topics
Advocate's Immunity, Settlement Advice, Summary Dismissal, Strike Out Application
Legal Practitioners Negligence Advocate's Immunity Settlement Advice Summary Dismissal Strike Out Application

Case Brief

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Parties

Trevor James Stillman

Plaintiff

Peter Edward John Rusbourne

First Defendant

Matthew Gerard Coates

Second Defendant

Tiana Victoria Daly

Third Defendant

Sonja Adriana Fay Daly

Fourth Defendant

Leanne Kylie Walker

Sixth Defendant

Procedural Posture

Negligence Claim Against Legal Practitioners / Motion for Summary Dismissal

Legal Issues

  1. 1 Whether advocate's immunity applies to advice to settle given by solicitors at mediation
  2. 2 Whether proceedings should be summarily dismissed due to advocate's immunity

Ratio Decidendi

Taking the Plaintiff's allegations at their highest, the conduct complained of was work leading to the conduct of the case in court. Advice leading to a settlement falls within advocate's immunity. The Defendants have demonstrated that the Plaintiff does not have a reasonable cause of action against them, so proceedings should be dismissed pursuant to r 13.4 UCPR.

Court Disposition

Proceedings dismissed pursuant to r 13.4 UCPR; Plaintiff to pay costs.

Orders

  • The proceedings are dismissed pursuant to r 13.4 UCPR.
  • The Plaintiff is to pay the costs of the proceedings.