Woolf v Brandt
[2023] NSWDC 460
Citation 1
(Para 36)
…A clear statement to this effect was made in Van Garderen v Channel Seven Melbourne Pty Ltd & Ors (Ruling) [2016] VCC 953. The plaintiff’s solicitors in those proceedings were carrying out the dangerous practice of only filing the statement of claim at the last possible minute (a common feature of defamation clai…
Pastor v Aegis Aged Care Staff Pty Ltd [No 3]
[2022] WADC 82
Citation 2
(Para 5)
…to the expiry of the limitation period: see Pingel v Toowoomba Newspapers Pty Ltd [2010] QCA 175 [52]; Van Garderen v Channel Seven Melbourne Pty Ltd [2016] VCC 953 [68].…
Paikan v Western Sydney Local Health District
[2020] NSWDC 252
Citation 3
(Para 14)
…upon the accepted principle that “the sins of the solicitor” (to use the commonly ascribed term: Van Garderen v Channel Seven Melbourne Pty Ltd [2016] VCC 953 at [85]) are not visited upon the plaintiff in work injury cases.…
Jay v Petrikas
[2019] NSWDC 707
Citation 4
(Para 1)
…upon which the decision should be distinguished; nor did he address me on the arguments set out in Van Garderen v Channel Seven Melbourne Pty Ltd [2016] VCC 953, although provided with a copy. In view of Mr Richardson’s concessions, I do not propose to set out what arguments could have been raised and instead acc…
Hobson v Rogers
[2018] NSWDC 414
Citation 5
(Para 73)
…The plaintiff’s explanation for the delay was of the “sins of the solicitor” variety ( Van Garderen v Channel Seven Melbourne Pty Ltd [2016] VCC 953), namely that the solicitor the plaintiff sought advice from had been less than attentive, and additionally had taken misguided steps on the plaintiff’s behalf, such…
Parizian v Seven Network Limited
[2018] NSWDC 296
Citation 6
(Para 21)
…Of particular relevance in the present circumstance are the observations made by O’Neill J in Van Garderen v Channel Seven Melbourne Pty Limited [2016] VCC 953 as to whether an error by a legal practitioner in defamation proceedings should constitute an explanation warranting an extension of time. O’Neill J did n…
Miski v Penrith Whitewater Stadium Ltd
[2017] NSWDC 110
Citation 7
(Para 3)
…ard in personal injury proceedings, what is generally referred to as “the sins of the solicitor” ( Van Garderen v Channel Seven Melbourne Pty Ltd [2016] VCC 953 at [85]) are not visited on the plaintiff. This is not the case in other areas of the law: Pingel v Toowoomba Newspapers Pty Ltd [2010] QCA 175. In my vi…
Otto (a.k.a. Ashworth) v Gold Coast Publications Pty Ltd
[2017] NSWDC 101
Citation 8
(Para 37)
…, it should be noted that commencing proceedings only a few days out of time was considered fatal in Van Garderen v Channel Seven Melbourne Pty Ltd [2016] VCC 953.…
Hewit v Galletta
[2017] NSWDC 129
Citation 9
(Para 17)
…r the matter complained of was published. I am not entirely sure that this is correct as to which (see Van Garderen v Channel Seven Melbourne Pty Ltd [2016] VCC 953) but as I have not had a chance to show this decision to Mr Hewit, I do not propose to take it into account. I should note, however, that the difficu…