Toth v Stewart Law Pty Ltd

[2022] NSWCA 85

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary dismissal
3. › Advocates' immunity as basis for summary dismissal application
4. › Whether advocates' immunity defence can found summary dismissal under r 13.4
5. › Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28, Pt 28
1. Legal Profession
2. › Advocates' immunity
3. › Scope of immunity
4. › Whether immunity extends to administrative aspects of the retainer
5. › Whether complaints about fee agreements, courtesy, and client involvement are sufficiently connected to conduct of proceedings

Quick Take

Advocates' immunity provides a basis for a summary dismissal application under r 13.4 UCPR in negligence claims against solicitors, without requiring a separate question determination under Pt 28.

Case Details

Citation[2022] NSWCA 85

CourtNSWCA

JurisdictionNew South Wales

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Relies on5

2021Jimenez v WatsonNSWCA 55
2010Spencer v Commonwealth of AustraliaHCA 28
2005D'Orta-Ekenaike v Victoria Legal AidHCA 12
1964General Steel Industries Inc v Commissioner for Railways (NSW)HCA 69
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