FEDERAL COURT OF AUSTRALIA
Deloitte Touche Tohmatsu v Cridlands Pty Ltd [2003] FCA 1413
CONTRACT – assignment of causes of action in tort – maintenance and champerty
NEGLIGENCE – duty of care of solicitors – causation – contribution between joint tortfeasors
Trade Practices Act 1974 (Cth) ss 52, 82, 86, 87
Law Reform (Miscellaneous Provisions) Act (NT) ss 12, 13
Federal Court of Australia Act1976 (Cth) s 19
Judiciary Act 1903 (Cth) ss 39B, 79
Federal Court of Australia Act1976 (Cth) s 32Dowdell v Knispel Fruit Juices [2003] FCA 851
Redman v The Permanent Trustee Company of New South Wales Ltd (1916) 22 CLR 84
Re Daniel Efrat Consulting Services Pty Ltd (in liq) (1999) FCR 154
Re Addstone Pty Ltd (in liq) (1998) 83 FCR 583
Re Movitor Pty Ltd (in liq) (1996) 64 FCR 380
Brownton Ltd v Edward Moore Inbucon Ltd [1985] 3 All ER 499
Trendtex Trading Corporation v Credit Suisse [1980] QB 629
Vangale Pty Ltd (in liq) v Kumagai Gumi Co Ltd [2002] QSC 137
South Australian Management Corporation v Sheahan (1995) 16 ACSR 45
Poulton v Commonwealth (1953) 89 CLR 540
Magic Menu Systems Pty Ltd v AFA Facilitation Pty Ltd (1997) 72 FCR 261
Giles v Thompson [1994] 1 AC 142
Stocznia Gdanska SA v Latvian Shipping Co (No 2) [1999] 3 All ER 822
Freehill Hollingdale & Page v Bandwill Pty Ltd [2000] WASCA 150
Bandwill Pty Ltd v Spencer-Laitt (2000) 23 WAR 390
R v Andrews [1973] 1 QB 422
R v Kellett [1975] 3 All ER 468
A v Hayden (1984) 156 CLR 532
Jamieson v The Queen (1993) 177 CLR 574
Plating Company v Farquharson (1881) 17 Ch D 49
Australian Competition & Consumer Commission v FFE Building Services Limited [2003] FCA 1181
Re Daley; ex parte National Australia Bank Ltd (1992) 37 FCR 390
Baxter v Obacelo Pty Ltd (2001) 205 CLR 635
Allison and Van Dorsten v Uatar Management Services Limited [1999] NZCA 324
Thompson v Australian Capital Television Pty Ltd (1996) 186 CLR 574
Jameson v Central Electricity Generating Board [2000] AC 455
Bitumen and Oil Refineries (Australia) Ltd v Commissioner for Government Transport (1955) 92 CLR 200
Brambles Constructions Pty Ltd v Helmers (1966) 114 CLR 213
Thompson v Australian Capital Television Pty Ltd (1996) 186 CLR 574
James Hardie & Co Pty Ltd v Seltsam Pty Ltd (1998) 196 CLR 53
National Australia Bank Ltd v Pollak (2001) 186 ALR 44
Unity Insurance Brokers Pty Ltd v Rocco Pezzano Pty Ltd (1998) 192 CLR 603
Thompson v Australian Capital Television Pty Ltd (1996) 186 CLR 574
Jones v Dunkel (1959) 101 CLR 298
Cadwallader v Bajco Pty Ltd [2002] NSWCA 328
Kenny & Good Pty Ltd v MGICA (1992) Ltd (1999) 199 CLR 413
British Racing Drivers Club Ltd v Hextall Erskine & Co [1996] 3 All ER 667
Fox v Everingham (1983) 50 ALR 337
Hawkins v Clayton (1988) 164 CLR 539
Austrust Pty Ltd v Astley (1993) 60…
Keep reading for free
Create a free CaseChat account to read Deloitte Touche Tohmatsu v Cridlands Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2003] FCA 1413
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether Deloittes were negligent in their advice and whether Cridlands were liable for the losses incurred by Mr and Mrs Campbell. The court examined the conduct of Deloittes in providing their services, including whether they followed the appropriate standards and whether they provided accurate and reliable advice. The court also considered whether Cridlands had any liability for the losses incurred by Mr and Mrs Campbell.
The court found that Deloittes were not negligent in their advice and that Cridlands were not liable for the losses incurred by Mr and Mrs Campbell. The court concluded that Deloittes had followed the appropriate standards in providing their services and that they had provided accurate and reliable advice. The court also found that Cridlands had no liability for the losses incurred by Mr and Mrs Campbell, as they had not been negligent in their conduct.
The court dismissed the proceedings against Deloittes and Cridlands and ordered that the costs incurred by the parties be apportioned as specified in the orders. The court also set aside a previous order for costs made on 10 October 2003.
Orders
Orders of the court
1. The proceedings be dismissed.
2. The fourth, fifth and sixth respondents are jointly liable for the costs incurred by the third respondent up until 29 September 2003.
3. The fourth and fifth applicants are liable to indemnify the fourth, fifth and sixth respondents in respect of their liability under Order 2.
4. The fourth and fifth applicants are jointly liable for the costs incurred by the third respondent from 29 September 2003.
5. Set aside the order for costs made herein on 10 October 2003.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: SELWAY J
Full text does not contain this section.