Sahid v Brydens Lawyers

In the case of Sahid v Brydens Lawyers, the plaintiff sought to hold the defendant legal firm accountable for alleged negligence in their handling of a personal injury claim. The dispute was brought before the Federal Circuit and Family Court of Australia. The plaintiff argued that the defendant's failure to properly advise and represent her resulted in significant personal and financial harm. The defendant, on the other hand, sought to have the plaintiff's claim summarily dismissed or, in the alternative, for the statement of claim to be set aside.

The court was tasked with determining whether the plaintiff's statement of claim disclosed a reasonable cause of action and if the defendant's application for summary dismissal or setting aside the statement of claim should be granted. Additionally, the court needed to consider whether the plaintiff could rely on certain affidavits in the substantive proceedings and whether she was permitted to adduce further evidence without leave. The legal issues revolved around the adequacy of the plaintiff's statement of claim, the standard of proof required for summary dismissal, and the appropriate conditions for the admissibility of evidence.

The court found that the plaintiff's statement of claim sufficiently disclosed a reasonable cause of action, thus rejecting the defendant's application for summary dismissal. The court also ruled that the plaintiff could rely on her affidavit of 28 July 2025 in the substantive proceedings but could not adduce further evidence without the court's leave. Consequently, the court dismissed the defendant's amended notice of motion and ordered that the costs of the motion be costs in the cause. The proceedings were scheduled for a directions hearing before the Judicial Registrar to set a date for the hearing of the matter.