Clarke v Hicksons Lawyers

[2021] NSWCA 100

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Interlocutory order
4. › Summary dismissal
5. › Whether issue of principle or question of general importance raised
6. › Whether injustice demonstrated beyond merely arguable
7. › District Court Act 1973 (NSW), s 127(2)(a)
1. Practice and Procedure
2. › Summary dismissal
3. › No reasonable cause of action disclosed
4. › Unparticularised allegations against solicitors acting for opposing parties in litigation
5. › Uniform Civil Procedure Rules 2005 (NSW), r 13.4(1)(b)
1. Tort
2. › Negligence
3. › Duty of care
4. › Solicitor's duty to opposing party
5. › Whether solicitor acting for party in hostile civil litigation owes duty of care to opponent

Quick Take

This case is a routine application of established principles regarding leave to appeal from interlocutory orders and summary dismissal of proceedings that disclose no reasonable cause of action.