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Neale v Mahony [2018] NSWSC 1046 — Summary Disposal & Pleadings — Barrister AI

Neale v Mahony

[2018] NSWSC 1046

Supreme Court of NSW

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Interrogate

Catchwords

1. Civil Procedure
2. › summary disposal
3. › dismissal of proceedings
4. › plaintiff alleged that solicitor negligently conducted the defence of previous proceedings arising from his default under a mortgage
5. › extended estoppel
6. › abuse of process
7. › where findings made against plaintiff in previous proceedings - whether solicitor immune from suit
8. › no reasonable cause of action disclosed in respect of claims involving earlier findings
9. › UCPR r 13.4
1. Civil Procedure
2. › pleadings
3. › form and content of pleading
4. › defective particulars of negligence
5. › all pleadings struck out
6. › plaintiff granted leave to re-plead solicitor’s failure to lodge a caveat on the land
7. › UCPR r 14.28
1. Estoppel
2. › extended estoppel
3. › finality
4. › abuse of process - whether solicitor failed to plead the undervalue sale by receivers of land owned by plaintiff
5. › whether failure to plead caused plaintiff’s loss
6. › issue fundamental to previous proceedings issue determined adversely to plaintiff in earlier proceedings

Case Details

Citation[2018] NSWSC 1046

CourtNSWSC

JurisdictionNew South Wales

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The full text is available to signed-in members, including the 4 later cases that cite this judgment.

Cited by4

2018Neale v Mahony (No. 2)NSWSC 1253
and 3 more after sign-in

Relies on8

2016Attwells v Jackson Lalic Lawyers Pty LimitedHCA 16
2015Neale v Commonwealth Bank of Australia Ltd trading as Bank of Western AustraliaNSWCA 272
2014James Woodward Neale v Bank of Western Australia Ltd; Bank of Western Australia Ltd v James Woodward NealeNSWSC 315
2005D'Orta-Ekenaike v Victoria Legal AidHCA 12
and 4 more after sign-in

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