Stuberfield v Lippiatt

[2007] QCA 90

SUPREME COURT OF QUEENSLAND

CITATION:

Stubberfield v Lippiatt & Anor [2007] QCA 90

PARTIES:

JOHN RICHARD STUBBERFIELD
(plaintiff/appellant)
v
FREDERICK WALTON LIPPIATT
(first defendant/first respondent)
v
LIPPIATT & LIPPIATT & CO (a firm)
(second defendant/second respondent)

FILE NO/S:

Appeal No 9320 of 2006
SC No 8540 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

23 March 2007

DELIVERED AT:

Brisbane

HEARING DATE:

12 March 2007

JUDGES:

Jerrard JA, Philip McMurdo and Douglas JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

Appeal dismissed with costs

CATCHWORDS:

ESTOPPEL – FORMER ADJUDICATION – JUDGMENT INTER PARTES – RES JUDICATA – where claim of fraud previously litigated – where other claims based on breaches of duty previously litigated – whether further proceedings on those grounds barred

ESTOPPEL – FORMER ADJUDICATION – JUDGMENT INTER PARTES – ISSUE ESTOPPEL – MATTERS AVAILABLE TO PARTIES – where imprecision in self-represented litigant’s pleadings – where claims based on breaches of duty – where claims based on breach of duty previously litigated – where new claims not based on fresh evidence – whether new claims on those ground barred

PROCEDURE – JUDGMENTS AND ORDERS – ACTIONS TO REVIEW OR SET ASIDE JUDGMENT – WHERE FRAUD, MISREPRENTATION OR SUPPRESSION OF MATERIAL FACTS – where appellant alleges respondent gave fraudulent evidence at original trial – where evidence not essential to outcome – whether ground for overturning judgment

Bankruptcy Act 1966 (Cth), s 40(1)(g)

Baker v Wadsworth (1898) 67 L.J.Q.B. 301, followed
D’Orta-Ekenaike v Victorian Legal Aid Inc [2005] HCA 12; (2005) 223 CLR 1, followed
Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589, applied
Re: Lippiatt & Co’s Bill of Costs [1998] 1 Qd R 69, considered
Ronald v Harper [1913] VLR 311, followed
Stubberfield v Lippiatt & Co [2002] QCA 447; Appeal No 6653 of 2002, 25 October 2002, considered

COUNSEL:

The appellant appeared on his own behalf
A P J Collins for the respondents

SOLICITORS:

The appellant appeared on his own behalf
Minter Ellison for the respondents

1. JERRARD JA:  In this matter I have had the advantage of reading the reasons and orders of Philip McMurdo J and respectfully agree with his Honour.

1. PHILIP MCMURDO J:   This is an appeal against an order staying the appellant’s proceedings against his former solicitors, in which he claims damages and other relief for alleged breaches of duty, fraud and defamation.

1. In 1994 the appellant Mr Stubberfield was a client of the first respondent’s firm Lippiatt & Co.  They had a falling out in December 1994 and Lippiatt & Co sued Mr Stubberfield in the Magistrates Court, claiming fees and expenses amounting in all to $11,314.95.  Mr Stubberfield defended and counter‑claimed on many grounds.  He pleaded that there had been “total non‑performance’ by the solicitors, that in several respects they had mishandled the litigation for which he had retained them and that…