Earlier Cases // Professional Liability
| Date | Name Of Matter | Citation/Court | Details |
|---|---|---|---|
| 2012 | |||
| 05/06/2012 | Londsdale Investments Pty Ltd v OM (Manganese) Ltd [No 3] | [2012] WASC 185 | At trial client was not successful. Process design engineers client. Design of manganese ore processing plant. Designed for dry free flowing ore. Mined ore was not free flowing. Process design engineers held liable for ‘rectification’ costs. |
| 27/02/2012 | Banerjee v Shah | [2012] WADC 28 | At trial client was not successful. Dentist client. Negligent prosthodontic treatment |
| 26/03/2010 | Secure Parking (WA) Pty Ltd v Francis and McPhee | [2010] FMCA 191 | Interlocutory decision. Client was successful. Lawyer. Claim in negligence against bankrupt solicitor. Leave to commence and continue proceedings in Supreme Court of Western Australia, granted retrospectively (nunc pro tunc) by Federal Magistrates Court |
| 24/03/2010 | Le Brun v Joseph, Bested, Kearon and Kalgoorlie Regional Hospital | [2010] WASCA 52 | On appeal client was successful. At trial client was successful. Hospital and doctor clients. Alleged medical malpractice. Headaches. Rupture of undiagnosed cerebral arteriovenous malformation. Failure by doctors and hospital to refer for CT scan or to neurologist or neurosurgeon. Brain damage. Appeal from finding that damage not caused by conduct of defendants |
| 2009 | |||
| 09/12/2009 | Ward v Keet | [2009] WASC 369 | At trial client was not successful. Accountant client. Alleged liability for estate funds misappropriated by fraudulent employee. Whether claim settled at mediation. Essential term for timing of payments by instalments not agreed. Whether misrepresentation induced accountant to enter into settlement agreement |
| 21/10/2009 | Drexel London v Gove and others | [2009] WASCA 181 | On appeal client was successful. Strata company client. Architects, engineers, local government (City), and strata company. Catastrophic apartment residence balcony collapse at New Year’s Eve party. Supporting timber (oregon) not appropriate for exterior use. Thirty five injured partygoers. Strata company and local council not liable. Architects and engineers liable. Applications to the High Court for special leave to appeal were dismissed on 28 May 2010 [2010] HCA Trans 147 |
| 11/09/2009 | Auxil Pty Ltd v Terranova | [2009] WASCA 163 | On appeal client was successful. Real estate agent client. Misrepresentation about value of offer to buy land. Whether unaccepted offers admissible evidence of value |
| 10/03/2009 | Clambake Pty Ltd v Tipperary Projects Pty Ltd (No.3) | [2009] WASC 52 | At trial client was successful. Real estate agent client. Leased warehouse. Stored antiques, paintings and curios destroyed by fire. Allegation that premises should have contained activated automatic fire sprinkler system. Alleged negligence or misleading conduct. Action dismissed |
| 28/08/2008 | Do v King Edward Memorial & Princess Margaret Hospitals Board | [2008] WADC 118 | At trial client was successful. Maternity hospital client. Alleged malpractice. Baby born with severe brain damage. Not caused by conduct of hospital or its staff |
| 14/02/2008 | Do v King Edward Memorial & Princess Margaret Hospitals Board | [2008] WADC 21 | At trial client was successful. Interlocutory decision. Maternity hospital client. Alleged malpractice. Baby born with severe brain damage. Pleading causation. Particulars of causation. |
| 18/01/2008 | Clambake Pty Ltd v Owston Nominees No.2 | [2007] WASCA 286 | At trial client was successful. On interlocutory appeal client was not successful. Real estate agent client. Warehoused antiques, paintings and curios destroyed by fire. Factual foundation of expert evidence. |
| 23/10/2007 | Clambake Pty Ltd v Tipperary Projects Pty Ltd (No.2) | [2007] WASC 244 | At trial client was successful. Interlocutory decision. Real estate agent client. Warehoused antiques, paintings and curios destroyed by fire. Factual foundation of expert evidence. |
| 20/02/2007 | Townsend v Roussety & Co (WA) Pty Ltd and Pilkadaris | [2007] WASCA 40 | Accountant. Advice to purchasers about vendor of franchise business. “Half truths”. Misleading conduct. Negligence. Cause of loss |
| 2006 | |||
| 14/12/2006 | Le Brun v Joseph, Bested, Kearon and Kalgoorlie Regional Hospital | [2006] WADC 200 | Doctors. Hospital. Alleged medical malpractice. Rupture of undiagnosed cerebral arteriovenous malformation. Brain damage |
| 08/12/2006 | Grant v Monitor Money | [2006] FCA 1716 | Financial Planner. Alleged negligent advice on investments. Application to strike out statement of claim |
| 2005 | |||
| 06/11/2005 | Dissidomino v Butcher Paul & Calder | [2005] WASCA 210 | Lawyers. Alleged negligent conduct of litigation. Whether next friend a “privy” of plaintiff. Previous unsuccessful negligence action by next friend. |
| 14/01/2005 | Townsend v Pilkadaris | [2005] WASC 4 | Accountant. Alleged negligence, misleading conduct, breach of fiduciary duty. Business purchase |
| 2004 | |||
| 11/10/2004 | Fico v O’Leary, Sigma Pty Ltd & Ors | [2004] WASC 215 | Accountants. Alleged negligence. Business purchase |
| 27/05/2004 | Hall v Petros | [2004] WADC 87 | Doctor. Medical specialist. Urogynaecologist Failure to warn of treatment risks. |
| 2002 | |||
| 14/12/2002 | Capebay Holdings Pty Ltd v Marks Healy Sands | [2002] WASC 287 | Lawyers. Alleged negligence. Commercial property. |
| 2001 | |||
| 23/05/2001 | Duvall v Godfrey Virtue & Co | [2001] WASC 163 | Lawyers. Costs orders. |
| 04/04/2001 | Duvall v Godfrey Virtue & Co | [2001] WASC 34 | Lawyers. Damages. |
| 2000 | |||
| 05/12/2000 | Hart v Mossensons | [2000] WASC 295 | Lawyers. Breach of contract. Registration of bill of sale |
| 11/08/2000 | Skahill & Thomas v Kestral Holdings & City Of Wanneroo | [2000] WASCA 185 | Local authority liability. Procedure. “Springing order”. |
| 1999 | |||
| 29/10/1999 | Davey v Ron Farris Real Estate Pty Ltd | [1999] WASC 207 | Real estate agent. Breach of contract. Fiduciary duty. Action struck out as abuse of process |
| 15/09/1999 | Newman v Phillips Fox | (1999) 21 WAR 309 | Lawyers. Confidential information. |
| 1997 | |||
| 02/12/1997 | Hudson Resources Ltd v Kaiser Engineers | Supreme Court WA | Engineers. Mining project |
| 24/09/1997 | Duvall v Godfrey Virtue & Co | Supreme Court WA | Lawyers. Conduct of trial. Advice on execution of judgment |
| 19/03/1997 | Aboriginal Death in Custody: Inquest into the death of Kim Nixon | Coroner’s Court WA | Police officers. Counsel assisting Coroner. |
| 1996 | |||
| 18/09/1996 | Duvall v Godfrey Virtue & Co | Lawyers. Conduct of trial. Advice on execution of judgment |
|
| 31/08/1996 | Miller v Royal Perth Hospital | District Court WA | Medical negligence. Brain damage. |
| 1994 | |||
| 07/10/1994 | State of Western Australia v Deane & Ors | Supreme Court WA | Auditors & directors liability. Procedure |
| 31/03/1994 | McGann v Royal Perth Hospital | District Court WA | Medical negligence. Alcohol withdrawal. |
| 24/03/1994 | Sellars v Adelaide Petroleum | High Court (1994) 179 CLR 332 | Company secretary. Misleading conduct. Trade practices. |
| 18/03/1994 | Louis St John Johnson – St John Ambulance | Coroner’s Inquest | Ambulance officers. Murder victim |
| 1993 | |||
| 13/12/1993 | Bride v Freehill Hollingdale & Page | WA Full Court | Lawyers. Appeal. Procedure. |
| 1992 | |||
| 22/05/1992 | Trevor Williams v Ferguson | Supreme Court WA | Engineers. |
| 1991 | |||
| 24/12/1991 | Sellars v Adelaide Petroleum | Federal Court of Australia Full Court (1991) 105 ALR 25 | Company secretary. Misleading conduct. Trade practices. |
| 1990 | |||
| 16/11/1990 | WA Teachers Financial Society v Gorey | Supreme Court WA | Auditors’ liability. Financial institution |
| 1988 | |||
| 28/10/1988 | WA Teachers Financial Society v Gorey | Supreme Court WA | Auditors’ liability. Financial institution |
| 1987 | |||
| 15/10/1987 | Bateman v Halliday | WA Full Court | Lawyers. Solicitor’s costs |