Wreford v Castleyheard Pty Ltd

In the Supreme Court of Western Australia, the plaintiff, Jovonna Wreford, brought an action against Castleyheard Pty Ltd (first defendant), Mr Jack Renton Criddle (second defendant), and Moray & Agnew (third defendant). Wreford alleged that her legal representatives failed to properly advise her and represent her in a previous personal injury action, and sought damages against her former representatives. The defendants applied for summary judgment on the basis that Wreford's claims had no merit.

The court had to determine whether Wreford's claims against her former legal representatives had any foundation, both as pleaded and generally. The court found that Wreford's claims against all three defendants were without merit. Regarding the third defendant, the court found that there was no basis to hold them liable as they did not owe a duty of care to Wreford. The second defendant was entitled to advocate's immunity, and there was no merit in Wreford's claims against him. Finally, the court found that Wreford's claims against the first defendant were unfounded, as there was no evidence to support her allegations of inadequate representation. The court concluded that Wreford's claims were an abuse of process and entirely without merit.

The Supreme Court of Western Australia granted summary judgment in favour of all three defendants, dismissing Wreford's claims against them. The court invited any party wishing to make submissions in relation to costs to file short written submissions within seven days of the publication of these reasons. This decision serves as a reminder that legal representatives are entitled to advocate's immunity and that claims against them must be well-founded to succeed.