Professional Liability

Date Name of the matter Citation/Court Detail
26/03/2010 Secure Parking (WA) Pty Ltd v Francis and McPhee [2010] FMCA 191 Lawyer. Claim in negligence against bankrupt solicitor. Leave to commence and continue proceedings in Supreme Court of Western Australia, granted retrospectively (nunc pro tunc) by Federal Magistrates Court
24/03/2010 Le Brun v Joseph, Bested, Kearon and Kalgoorlie Regional Hospital [2010] WASCA 52 Doctors. Hospital. Alleged medical malpractice. Headaches. Rupture of undiagnosed cerebral arteriovenous malformation. Failure by doctors and hospital to refer for CT scan or to neurologist or neurosurgeon. Brain damage. Appeal from finding that damage not caused by conduct of defendants
09/12/09 Ward v Keet [2009] WASC 369 Accountant. Alleged liability for estate funds misappropriated by fraudulent employee. Whether claim settled at mediation. Essential term for timing of payments by instalments not agreed. Whether misrepresentation induced accountant to enter into settlement agreement
21/10/09 Drexel London v Gove and others [2009] WASCA 181

Architects, engineers, local government (City), and strata company. Catastrophic balcony collapse at New Year's Eve party. Supporting timber (oregon) was not appropriate for exterior use. Thirty five injured party goers. Strata company and local council not liable. Architects and engineers liable.

Applications to the High Court for special leave to appeal were dismissed on 28 May 2010 [2010] HCA Trans 147

11/09/09 Auxil Pty Ltd v Terranova [2009] WASCA 163 Real estate agent. Misrepresentation about value of offer to buy land. Whether unaccepted offers admissible evidence of value
10/03/09 Clambake Pty Ltd v Tipperary Projects Pty Ltd (No.3) [2009] WASC 52 Real estate agents. Leased warehouse. Stored antiques, paintings and curios destroyed by fire. Allegation that premises should have contained activated automatic fire sprinkler system. Alleged negligence or misleading conduct. Action dismissed
28/08/08 Do v King Edward Memorial & Princess Margaret Hospitals Board [2008] WADC 118 Maternity Hospital. Alleged malpractice. Baby born with severe brain damage. Not caused by conduct of hospital or its staff
14/02/2008 Do v King Edward Memorial & Princess Margaret Hospitals Board [2008] WADC 21 Maternity Hospital. Alleged malpractice. Baby born with severe brain damage. Pleading causation. Particulars of causation.
18/01/2008 Clambake Pty Ltd v Owston Nominees No.2

[2007] WASCA 286

(2007) 35 WAR 394

Real estate agents. Warehoused antiques, paintings and curios destroyed by fire. Factual foundation of expert evidence. Interlocutory appeal.
23/10/2007 Clambake Pty Ltd v Tipperary Projects Pty Ltd (No.2) [2007] WASC 244 Real estate agents. Warehoused antiques, paintings and curios destroyed by fire. Factual foundation of expert evidence.
20/02/2007 Townsend v Roussety & Co (WA) Pty Ltd and Pilkadaris [2007] WASCA 40
(2007) 33 WAR 321		 Accountant. Advice to purchasers about vendor of franchise business. "Half truths". Misleading conduct. Negligence. Cause of loss
14/12/2006 Le Brun v Joseph, Bested, Kearon and Kalgoorlie Regional Hospital [2006] WADC 200 Doctors. Hospital. Alleged medical malpractice. Rupture of undiagnosed cerebral arteriovenous malformation.  Brain damage
08/12/2006 Grant v Monitor Money [2006] FCA 1716 Financial Planner. Alleged negligent advice on investments. Application to strike out statement of claim
16/11/2005 Dissidomino v Butcher Paul & Calder [2005] WASCA 210 Lawyers. Alleged negligent conduct of litigation. Whether next friend a "privy" of plaintiff. Previous unsuccessful negligence action by next friend.
14/01/2005 Townsend v Pilkadaris [2005] WASC 4 Accountant. Alleged negligence, misleading conduct, breach of fiduciary duty. Business purchase
11/10/2004 Fico v O’Leary, Sigma Pty Ltd & Ors [2004] WASC 215 Accountants. Alleged negligence. Business purchase
27/05/2004 Hall v Petros [2004] WADC 87 Doctor. Medical specialist. Urogynaecologist Failure to warn of treatment risks.
04/12/2002 Capebay Holdings Pty Ltd v Marks Healy Sands [2002] WASC 287 Lawyers. Alleged negligence. Commercial property.
23/05/2001 Duvall v Godfrey Virtue & Co [2001] WASC 163 Lawyers. Costs orders.
04/04/2001 Duvall v Godfrey Virtue & Co [2001] WASC 34 Lawyers. Damages.
05/12/2000 Hart v Mossensons [2000] WASC 295 Lawyers. Breach of contract. Registration of bill of sale
11/08/2000 Skahill & Thomas v Kestral Holdings & City Of Wanneroo [2000] WASCA 185 Local authority liability. Procedure. "Springing order".
29/10/1999 Davey v Ron Farris Real Estate Pty Ltd [1999] WASC 207 Real estate agent. Breach of contract. Fiduciary duty. Action struck out as abuse of process
15/09/1999 Newman v Phillips Fox (1999) 21 WAR 309 Lawyers. Confidential information.
02/12/1997 Hudson Resources Ltd v Kaiser Engineers Supreme Court WA Engineers. Mining project
24/09/1997 Duvall v Godfrey Virtue & Co Supreme Court WA Lawyers. Conduct of trial. Advice on execution of judgment
19/03/1997 Aboriginal Death in Custody: Inquest into the death of Kim Nixon Coroner’s Court WA Police officers. Counsel assisting Coroner.
18/09/1996 Duvall v Godfrey Virtue & Co Supreme Court WA Lawyers. Conduct of trial. Advice on execution of judgment
31/08/1996 Miller v Royal Perth Hospital District Court WA Medical negligence. Brain damage.
07/10/1994 State of Western Australia v Deane & Ors Supreme Court WA Auditors & directors liability. Procedure
31/03/1994 McGann v Royal Perth Hospital District Court WA Medical negligence. Alcohol withdrawal.
24/03/1994 Sellars v Adelaide Petroleum High Court
(1994) 179 CLR 332 		Company secretary. Misleading conduct. Trade practices.
18/03/1994 Louis St John Johnson - St John Ambulance Coroner’s Inquest Ambulance officers. Murder victim
13/12/1993 Bride v Freehill Hollingdale & Page WA Full Court Lawyers. Appeal. Procedure.
17/08/1993 SGIC v Pollock Supreme Court WA
(1993) 11 ACSR 333 		Directors’ liability. Insolvent trading.
22/05/1992 Trevor Williams v Ferguson Supreme Court WA Engineers.
24/12/1991 Sellars v Adelaide Petroleum Federal Court of Australia Full Court
(1991) 105 ALR 25 		Company secretary. Misleading conduct. Trade practices.
06/11/1990 WA Teachers Financial Society v Gorey Supreme Court WA Auditors’ liability. Financial institution
28/10/1988 WA Teachers Financial Society v Gorey Supreme Court WA Auditors’ liability. Financial institution
15/10/1987 Bateman v Halliday WA Full Court Lawyers. Solicitor’s costs