Burrows v Macpherson & Kelley Lawyers (Sydney) Pty Ltd

In this matter before the Court of Appeal of New South Wales, Ms Burrows (the appellant) brought proceedings against Macpherson & Kelley Lawyers (Sydney) Pty Ltd (the respondent) alleging negligence. The dispute arose from the respondent's alleged failure to enforce a favourable costs order made in Family Court proceedings. The respondent, an incorporated legal practice, was represented by itself, as it was the sole shareholder. Ms Burrows sought to recover damages for this alleged negligence.

The Court was required to determine several legal issues. Firstly, it considered whether the District Court had erred in dismissing Ms Burrows' action for negligence. Secondly, the Court examined whether the District Court had erred in refusing a second adjournment sought by Ms Burrows. Thirdly, the Court considered whether the District Court had erred in making a gross sum costs order in favour of the respondent. Finally, the Court had to determine whether the respondent, as an incorporated legal practice, should be equated with its sole shareholder for the purposes of the proceedings.

The Court of Appeal ultimately dismissed the appeal as incompetent in proceeding 2020/17047. In proceeding 2021/219817, leave to appeal was granted, but confined to specific proposed grounds, and the appeal was otherwise dismissed. Ms Burrows was ordered to pay the respondents' costs in both proceedings.