Manny v David Lardner Lawyers (No 4)

• 1. Appeal
  2. › Civil appeal
  3. › Standard of appellate review
  4. › Findings of fact based on credibility
  5. › Whether findings glaringly improbable or contrary to compelling inferences
  6. › Supreme Court Act 1933 (ACT), s 37E
• 1. Practice and Procedure
  2. › Apprehended bias
  3. › Disqualification of judge
  4. › Whether fair-minded lay observer might reasonably apprehend judge might not bring impartial mind
  5. › Categories of disqualification
  6. › Whether allocation of case by Chief Justice gives rise to apprehended bias
  7. › Whether adverse credit findings by different judge on same court gives rise to apprehended bias
  8. › Whether procedural rulings against one party give rise to apprehended bias
• 1. Practice and Procedure
  2. › Procedural fairness
  3. › Conduct of trial
  4. › Cross-examination on documents not in affidavits
  5. › Refusal of adjournment
  6. › Refusal of leave for party to cross-examine witness after counsel concluded
  7. › Whether denial of procedural fairness established
• 1. Tort
  2. › Negligence
  3. › Professional negligence
  4. › Solicitors
  5. › Scope of duty of care
  6. › Whether duty prescribed by terms of retainer
  7. › Whether breach of duty established
  8. › Standard of reasonably skilled practitioner
  9. › Civil Law (Wrongs) Act 2002 (ACT), ss 40-46

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