26 Jul 2007
ELLIS V MOODIE AND ORS HC WN CIV 2007-485-598
- Citation
- openlaw-d5dd8f2b_8acc_4428_a5ad_17589bf089a7.pdf
- Court
- High Court
The Court struck out the statement of claim because, on the pleadings, it is in substance an impermissible attempt by a barrister sole to recover professional fees (which the law bars) and therefore an abuse of process; alternatively the pleaded causes of action are legally untenable and damages are premature and unquantifiable (loss of chance claim cannot be established or proved at this stage). The strike out is made under r 186 High Court Rules and supported by authorities on barristerial suit, abuse of process and loss of chance quantification.