Peter John Julian Robinson v Legal Aid New South Wales

[2014] HCASL 105

PETER JOHN JULIAN ROBINSON

v

LEGAL AID NEW SOUTH WALES & ORS

[2014] HCASL 105
S12/2014

1. Each of the respondents was involved in proceedings in the Family Court of Australia between the applicant and his former wife.  The first, second and third respondents were involved in the representation of the couples' children, and the fourth respondent was an expert witness. 

2. On 18 June 2013, the applicant commenced proceedings in the Supreme Court of New South Wales against each of the respondents seeking damages for loss suffered as a result of a failure by each of the respondents to disclose material allegedly relevant to the outcome of the Family Court proceedings.

3. On 23 September 2013, the Supreme Court (Barr AJ) summarily dismissed the applicant's statement of claim.  Barr AJ found that the non‑disclosure of material by each of the respondents occurred in court or in work intimately associated with work in court.  On that basis, his Honour held that the respondents were immune from suit.

4. On 19 December 2013, the Court of Appeal of the Supreme Court of New South Wales (Basten and Barrett JJA) refused the applicant leave to appeal.  The Court of Appeal held that the applicant's claim was not supported by a cause of action, and that the case did not represent an appropriate vehicle to reconsider the principles supporting the respondents' immunity from suit.

5. The applicant seeks special leave to appeal to this Court.  The applicant's draft notice of appeal does not identify any error in the decision of the Court of Appeal.  An appeal to this Court would enjoy insufficient prospects of success to warrant the grant of special leave.  Special leave is refused.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
19 June 2014 P.A. Keane