WILLIAMS (T/as WHEELER) v BODEWIS [1997] NSWCA 344

WILLIAMS (T/as WHEELER) v BODEWIS [1997] NSWCA 344

A stay is appropriate pending the determination of the special leave application to the High Court, given the significance and novelty of the issues raised as well as practical considerations regarding potential recovery of verdict.

Parties
Applicant: Williams (T/as Wheeler); Respondent: Bodewis
Jurisdiction
Australia
Judgment Date
15 December 1997
Procedural Posture
Civil / Application for Stay Pending Special Leave Application to High Court
Outcome
Stay granted pending determination of proceedings in the High Court or further order.
Legal Topics
Stay of Proceedings, Damages Assessment, Solicitor's Negligence
Civil Procedure Stay of Proceedings Damages Assessment Solicitor's Negligence

Case Brief

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Parties

Williams (T/as Wheeler)

Applicant

Bodewis

Respondent

Procedural Posture

Civil / Application for Stay Pending Special Leave Application to High Court

Legal Issues

  1. 1 Whether a stay should be granted pending an application for special leave to appeal to the High Court
  2. 2 Whether the assessment of damages in solicitor's negligence cases requires expert evidence or if a judge can rely on general knowledge or enquiries

Ratio Decidendi

A stay is appropriate pending the determination of the special leave application to the High Court, given the significance and novelty of the issues raised as well as practical considerations regarding potential recovery of verdict.

Court Disposition

Stay granted pending determination of proceedings in the High Court or further order.

Orders

  • Stay of proceedings pending determination in the High Court or further order.
  • Costs in this motion are to be costs in the proceedings in the High Court.