White v Forster

[2015] NSWCA 245

Court of Appeal

Supreme Court

New South Wales

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• Amendment notes

Medium Neutral Citation:	WHITE v FORSTER [2015] NSWCA 245
Hearing dates:	4 June 2015
Date of orders:	25 August 2015
Decision date:	25 August 2015
Before:	Bathurst CJ at [1]; McColl JA at [57]; Emmett JA at [58]
Decision:	Leave to appeal refused with costs
Catchwords:	CIVIL LAW – professional negligence – whether respondents protected from suit by advocate’s immunity CIVIL LAW – professional negligence – whether proceedings statute-barred under s 14 of the Limitation Act 1969 (NSW)
Legislation Cited:	Bankruptcy Act 1966 (Cth) Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited:	D’Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; 223 CLR 1 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; 112 CLR 125 Giannarelli v Wraith [1988] HCA 52; 165 CLR 543 Saif Ali v Sydney Mitchell & Co (1980) AC 198 Thompson v White & Anor; ACDC v Thompson [2005] NSWSC 1257 Thompson v White [2008] NSWSC 1 Thompson v White [2008] NSWSC 157 United Australia Ltd v Barclays Bank Ltd (1941) AC 1 Wardley Australia Ltd v The State of Western Australia [1992] HCA 55; 175 CLR 514 White & Anor v Thompson & Ors [2009] NSWSC 1103 White & Libut v Thompson & Ors [2011] NSWCA 161 White v Forster [2014] NSWSC 1767 Zavodnyik v Alex Constructions Pty Ltd [2005] NSWCA 438; 67 NSWLR 457
Category:	Principal judgment
Parties:	Julian John White (First Applicant) Romeo Medina Libut (Second Applicant) Reginald John Forster (First Respondent) Gregory Peter George (Second Respondent)
Representation:	Counsel: D Ash (First and Second Applicant) C Withers (First Respondent) DT Miller SC / MR Elliot (Second Respondent) Solicitors: Yeldam Price O’Brian Lusk (First Respondent) Moray & Agnew (Second Respondent)
File Number(s):	2015/4287
Decision under appeal	Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2014] NSWSC 1767 Date of Decision: 22 April 2014 Before: Button J File Number(s): 2011/396151

Judgment

1. BATHURST CJ: This is an application for leave to appeal from orders of the primary judge striking out a statement of claim brought by the applicants, Mr Julian White (the first applicant) and Mr Romeo Libut (the second applicant), against the first respondent, Mr Reginald Forster (the solicitor) and the second respondent, Mr Gregory George (the barrister).

Background

2. In 1997, the applicants entered into a joint venture agreement with a Mr Bryon Thompson (Mr Thompson) to develop and sell a property at 65 Ellery Parade, Seaforth (the Seaforth property). A company, Aerated Concrete Design and Construction Pty Ltd, of which the applicants were the directors and shareholders, was also involved in the joint venture. It is not clear what part it played, but none of the parties to the application contended that its role was of any significance to the outcome of the proceedings.

3. On 30 March 2003, Mr Thompson’s wife (Mrs Thompson) contracted to purchase a property at 710 Wiseman’s Ferry Road, Somersby…