Leon NIKOLIDIS As Executor of the Estate of Doreen Philomene Nikolaidis & Anor v Nicholas Satouris

[2015] HCASL 117

LEON NIKOLIDIS AS EXECUTOR OF THE ESTATE OF

DOREEN PHILOMENE NIKOLAIDIS & ANOR
v
NICHOLAS SATOURIS & ORS

[2015] HCASL 117

S13/2015

1. The present case concerns a complaint by the applicants about the way in which their solicitors, the respondents, conducted proceedings in the District Court of New South Wales in relation to a backyard building dispute (the "initial proceedings").  Given the procedural history of those initial proceedings, including that the applicants (Mr Leon Nikolaidis, a solicitor, and his mother) agreed to settle those proceedings, the present case does not provide an appropriate vehicle for reconsidering Giannarelli v Wraith[1] and D'Orta-Ekenaike v Victoria Legal Aid[2] and, in particular, whether the immunity considered in those cases applies to claims for damages for breach of a statutory cause of action.  The application does not otherwise raise a question of principle sufficient to warrant a grant of special leave.  The application is dismissed. 

   [1](1988) 165 CLR 543; [1998] HCA 52.

   [2](2005) 223 CLR 1; [2005] HCA 12.

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

G.A.A. Nettle
4 August 2015 M.M. Gordon