Kenneth Alan Edwards & Ors v Legalese Pty Ltd Trading As Peter Scragg & Associates

[2014] HCASL 245

KENNETH ALAN EDWARDS & ORS

v

LEGALESE PTY LTD TRADING AS PETER SCRAGG & ASSOCIATES

[2014] HCASL 245
A13/2014

1. In April 1998, the third applicant, a company owned and controlled by the first and second applicants, instructed the respondent, a legal practice, to commence proceedings on its behalf against the Commonwealth Bank of Australia ("the Bank"), seeking a declaration as to the proper construction of a loan agreement between the Bank and the third applicant.  While those proceedings were pending, the Bank appointed a receiver over the third applicant.

2. On 14 July 2005, the applicants commenced these proceedings, claiming that the respondent was liable in negligence for giving advice that the Bank could not appoint a receiver over the third applicant until the proceedings between the third applicant and the Bank had been determined. 

3. On 26 July 2012, the District Court of South Australia (Beazley DCJ) dismissed the applicants' claim.  Beazley DCJ found that the alleged advice was not given.

4. On 16 August 2012, the applicants appealed to the Full Court of the Supreme Court of South Australia, contending that the primary judge had erred in failing to give appropriate weight to certain documentary evidence, and in failing to draw appropriate inferences from the failure of the respondent to call a material witness.  The Full Court (Bampton J, Vanstone and Parker JJ agreeing) rejected those contentions and dismissed the appeal.

5. The applicants now seek special leave to appeal to this Court.  The applicants' grounds of appeal do not disclose a sufficient reason to doubt the correctness of the decision of the Full Court.  In particular, they do not provide grounds for doubting the finding of the Courts below that the allegedly negligent advice was not given.  An appeal to this Court would enjoy insufficient prospects of success to warrant the grant of special leave to appeal.  Special leave is refused.

6. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

S.M. Kiefel
11 December 2014 P.A. Keane