Leerdam v Noori

In *Leerdam v Noori*, the appellants sought to appeal orders of the primary judge that dismissed their notice of motion and awarded costs against them. The dispute concerned claims brought by the first respondent against the appellants, which included allegations of misfeasance in public office and collateral abuse of process. The appeal was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether a solicitor acting on behalf of a minister in Administrative Appeal Tribunal proceedings held a public office for the purposes of the tort of misfeasance in public office, and whether the tort of collateral abuse of process could be committed by a non-party to proceedings. The Court was also required to consider the scope of advocate's immunity from suit, specifically whether it extended to intentional torts such as misfeasance in public office and collateral abuse of process.

The Court of Appeal reasoned that the primary judge had erred in dismissing the appellants' notice of motion. It found that the appellants, as solicitors acting for a minister, did not hold a public office for the purposes of the tort of misfeasance in public office. Furthermore, the Court determined that the tort of collateral abuse of process was not capable of being committed by a non-party to proceedings in the circumstances alleged. The Court also considered the application of advocate's immunity, concluding that it did not preclude the claims against the appellants.

Consequently, the Court of Appeal allowed the appeal, set aside the orders made at first instance dismissing the appellants' notice of motion and awarding costs against them, and summarily dismissed the proceedings so far as they related to the appellants. The first respondent was ordered to pay the appellants' costs at first instance and on appeal.