SUPREME COURT OF QUEENSLAND
CITATION:
Island Link Pty Ltd v Thynne & Macartney [2004] QSC 460
PARTIES:
ISLAND LINK PTY LTD
(plaintiff)
v
THYNNE & MACARTNEY (A PARTNERSHIP)
(defendant)FILE NO:
S9122 of 2001
DIVISION:
Trial Division
PROCEEDING:
Trial
ORIGINATING COURT:
Supreme Court
DELIVERED ON:
24 December 2004
DELIVERED AT:
Brisbane
HEARING DATE:
12, 13, 14, 15, 16, 19, 20, 21 & 22 July 2004
JUDGE:
Douglas J
ORDER:
Action dismissed. Judgment for the defendant with costs including reserved costs if any.
CATCHWORDS:
TORTS – NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - WHERE ECONOMIC OR FINANCIAL LOSS - CARELESS ACTS OR OMISSIONS – Solicitor – Whether a failure to provide advice regarding remedies under the Judicial Review Act 1991 Qld) amounted to negligence
Judicial Review Act 1991 (Qld), ss 20(2)(h), 23, 24 & 30(1)
Abebe v Commonwealth (1999) 197 CLR 510, referred to
Commonwealth v Amann Aviation Pty Limited (1991) 174 CLR 64, referred to
Dickson v Creevey [2002] QCA 195 at [12]-[13], applied
Gore v Montague Mining Pty Ltd [2001] ANZ ConvR 8, [2000] FCA 1214, applied
Hawkins v Clayton (1988) 164 CLR 539, referred to
Heydon v NRMA Limited (2000) 51 NSWLR 1, referred to
K. C. Park-Safe (Brisbane) Pty Ltd v Cairns City Council [1997] 1 Qd R 497, referred to
Midland Bank v Hett, Stubbs & Kemp [1979] Ch 384, referred to
Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, applied
Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323, referred to
Sellars v Adelaide Petroleum NL (1994) 179 CLR 332, applied
State of Queensland v Litz [1993] 1 Qd R 343, considered
Sykes v Midland Bank Executor & Trustee Co. Ltd [1971] 1 QB 113, appliedCOUNSEL:
C E K Hampson QC with him N J Thompson for the plaintiff
D J S Jackson QC with him R P S Jackson for the defendantSOLICITORS:
Butts & Barkley for the plaintiff
Brian Bartley & Associates for the defendant
DOUGLAS J: Until 9 July 1997 Island Link Pty Ltd conducted a passenger ferry service between Victoria Point and Coochiemudlo Island in Moreton Bay. On that day the Redland Shire Council decided that it would not renew Island Link’s permit to operate a timetabled passenger ferry service from its jetties and landing places at Victoria Point and Coochiemudlo Island. In this action Island Link is suing Thynne & Macartney, a firm of solicitors, in negligence and for breach of their retainer for their failure to advise it of its rights to seek judicial review of the Council’s decision. As will become clear it is my view that the action cannot succeed.
Island Link had a permit from the Council to operate two passenger ferries named “Doug Morton” and “Matthew Flinders II” for the period from 1 July 1996 to 30 June 1997 and had applied for a further permit for the next financial year. A competitor, Coochiemudlo Island Ferry Service (“CIFS”),…
Keep reading for free
Create a free CaseChat account to read Island Link Pty Ltd v Thynne and Macartney 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
- [2004] QSC 460
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the solicitor's failure to provide advice about potential remedies under the Judicial Review Act amounted to a careless act or omission that could be considered negligence. The court needed to determine whether the advice was within the scope of the duty of care owed by the solicitor to the plaintiff. The court also considered the foreseeability of the loss and the proximity of the relationship between the solicitor and the plaintiff.
The court held that the solicitor did not owe a duty of care to the plaintiff regarding advice on remedies under the Judicial Review Act. The court reasoned that the advice was not within the scope of the solicitor's engagement, and the plaintiff did not rely on the solicitor's advice in making their decisions. The court further found that the loss was not foreseeable, and there was insufficient proximity between the parties to establish a duty of care. Consequently, the plaintiff's action for negligence was dismissed. The court also ordered that the plaintiff pay the defendant's costs, including any reserved costs.
Orders
Orders of the court
Action dismissed. Judgment for the defendant with costs including reserved costs if any.
Background
Background to the litigation
Full text does not contain this section.
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
Full text does not contain this section.