McMahon v Greer

[2020] QDC 101

DISTRICT COURT OF QUEENSLAND

CITATION:

McMahon v Greer & Ors [2020] QDC 101

PARTIES:

CLARE SUSAN McMAHON

(plaintiff)

v

DAMIEN GREER

(first defendant)

and

DAMIEN GREER LAWYERS

(second defendant)

and

JACOBA BRASCH QC

(third defendant)

and

SARAH DIBLEY

(fourth defendant)

and

JEFFERY BUNNING

(fifth defendant)

FILE NO/S:

BD 3524 of 2019

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court of Queensland

DELIVERED ON:

1 June 2020

DELIVERED AT:

Brisbane

HEARING DATE:

5 May 2020

JUDGE:

Rinaudo DCJ

ORDER:

1.   Summary judgment for the first, second, third, fourth and fifth defendant against the plaintiff;

2.    The plaintiff pay the first, second, third, fourth and fifth defendants’ costs on the standard basis

3.    The plaintiff’s application be dismissed.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – GENERALLY – where the first, second and fourth defendants represented the plaintiff in family law proceedings – where the third and fifth defendants were instructed by the first and fourth defendants to appear in relation to such family law proceedings – where the plaintiff makes application for summary judgment – where the first, second and fourth defendants make application for summary judgment – where the third and fifth defendants make application for summary judgment.

Uniform Civil Procedure Rules 1999 (Qld)

Deputy Commissioner of Taxation v Salcedo [2005] QCA 227
D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1
Giannarelli v Wraith (1988) 165 CLR 543
Rogers v Roche (No. 1) [2017] 2 Qd R 306

Wilson v Carter [2005] NSWSC 1351

COUNSEL:

CS McMahon (Self-Represented)

SJ Williams QC for the first, second and fourth defendants

H Blattman for the third and fifth defendants

SOLICITORS:

Barry Nilsson Lawyers for the first, second and fourth defendants

Carter Newell Lawyers for the third and fifth defendants

1. By claim and statement of claim, filed in the Brisbane Registry of this Honourable Court, Clare Susan McMahon claimed $700,000 damages, interest accrued from 10 October 2016, costs, such further and/or other relief as this Honourable Court deemed fit and an order that the defendants pay a pecuniary penalty, or a penalty as this Honourable Court deems fit.[1] 

   [1]File document 1.

1. Applications have been filed for summary judgment by, on the one hand, the first, second and fourth defendants, who are respectively, Damien Greer (Principal of Damien Greer Lawyers), Damien Greer Lawyers and Sarah Dibley (solicitor employed by Damien Greer Lawyers), who I shall refer collectively to as the solicitor applicants.[2] On the other hand, the third defendant, Dr Jacoba Brasch QC and fifth defendant, Jeffrey Bunning, both barristers to whom I will hereinafter refer to as the barrister applicants.[3] 

   [2]File document 11.

   [3]File document 9.

1. The plaintiff applicant, Clare Susan McMahon, also makes application for summary judgment and other relief as set out in her application filed 9 April 2020.[4]

   [4]File document 13.

1. The plaintiff applicant’s statement of claim comprises 368 paragraphs and some 39 pages.  She sets out on page 37 of the statement of claim the following:

“Duty to…