Corp v Robinson

Stuart Adrian Corp initiated proceedings against Haydn Ross Robinson, James Lindsay Glissan QC, and James Whyte, alleging professional negligence in their representation of him during a criminal trial. The case was heard by Justice Kenneth Martin in the Supreme Court of Western Australia. The defendants applied for summary judgment and to strike out certain parts of the plaintiff's statement of claim, arguing that advocates' immunity rendered the claims untenable. The court found in favour of the defendants, dismissing the plaintiff's claims. The judge held that the plaintiff's claims were essentially challenges to the finality of the jury's verdicts, which were protected by advocates' immunity. The immunity principle, as endorsed in D'Orta-Ekenaike v Victoria Legal Aid, prevents challenges to the finality of intermediate decisions in litigation, even if those decisions are alleged to have resulted from negligent conduct. The judge also found that the plaintiff's claims against the instructing solicitor, Mr Robinson, were similarly protected by the immunity principle, as the decisions regarding representation during the trial were tactical and connected to in-court work. The court granted summary judgment in favour of all defendants, dismissing the plaintiff's claims with costs.