Arundell v Williams Winter & Higgs & Ors [2007] HCATrans 282 (14 June 2007)

Last Updated: 5 July 2007

[2007] HCATrans 282

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Melbourne No M138 of 2006

B e t w e e n -

KEVIN PATRICK ARUNDELL

Applicant

and

WILLIAMS WINTER AND HIGGS (NOW WILLIAMS WINTER)

First Respondent

LUKE KENDALL BARKER

Second Respondent

PHILIP ALISTAIR DUNN

Third Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 JUNE 2007, AT 9.25 AM

Copyright in the High Court of Australia
GUMMOW J: The applicant was convicted of a number of sexual offences in 1997. The respondents were his solicitor and barristers who acted for him in relation to those offences. In 2003 the applicant commenced an action in the Supreme Court of Victoria seeking damages for negligence regarding the manner in which the respondents had conducted his defence at trial.

In the Supreme Court of Victoria, Morris J relied on the decision of this Court in D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1. Morris J ruled that the settled principles of advocates' immunity from suit in relation to conduct in court, or work intimately connected with the conduct of a case in court, denied the action of the plaintiff seeking damages. In the Court of Appeal, Chernov and Ashley JJA refused the applicant leave to appeal. Their Honours rejected submissions which sought to distinguish the decision in D'Orta-Ekenaike.

The applicant in this Court has demonstrated no error in the reasoning of the Court of Appeal, and any appeal would have no prospect of success in this Court. Accordingly, special leave is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.

I publish the disposition signed by Justice Heydon and myself.

AT 9.27 AM THE MATTER WAS CONCLUDED