Golden v Koffel

The applicants, Mr Golden and Mr Koffel, sought leave to appeal against the summary dismissal of their claim against their former solicitors. The claim alleged that the solicitors had acted negligently in their conduct of a previous proceeding.

The central legal issue before the Court of Appeal was whether the applicants had demonstrated a sufficient question of principle to warrant leave to appeal against the summary dismissal. This involved considering the application of the doctrine of advocates' immunity in the context of the applicants' allegations.

The Court of Appeal found that the applicants had not raised a question of principle that justified granting leave to appeal. The allegations of negligence related to the conduct of the litigation itself, which fell squarely within the established scope of advocates' immunity. The court applied the principles of advocates' immunity as previously determined by Australian courts, finding no error in the summary dismissal of the claim.

Consequently, the summons for leave to appeal was dismissed with costs.