Barmettler & Anor v. Greer & Timms

The appeal in Barmettler & Anor v. Greer & Timms concerns a dispute between the appellants, Barmettler and another, and the respondents, Greer and Timms, who were their solicitors during the purchase of a property. The appellants alleged that the respondents breached their duty of care by failing to halt the contract as directed, resulting in damages. The respondents argued that the appellants' claims were unfounded and poorly substantiated, leading to a verdict in their favor. The appellants sought a new trial on various grounds, including alleged procedural errors and misconduct by the trial judge.

The central legal issues before the court were whether the settlement date was indeed 13 August 1992, whether the respondents were negligent in their representation, and whether the trial judge's conduct constituted a miscarriage of justice. The appellants claimed that the judge's handling of their case, including holding one of them in contempt without proper justification, warranted a new trial. They also argued that the trial's outcome would likely be the same due to the lack of evidence supporting their claims.

The court found that the appellants' case was under-prepared and lacked substantial evidence to support their allegations of negligence and the claimed date of settlement. The court determined that the trial judge's conduct, while potentially harsh, did not rise to the level of a miscarriage of justice that would necessitate a new trial. Furthermore, the court held that the settlement date was 13 August 1992, and no negligence on the part of the respondents was established. Given these findings, the appeal was dismissed, and the appellants were ordered to pay the respondents' costs of the appeal.