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Decisions of the Superior Courts of New South Wales, 1788-1899

Kentish v Norton [1832] NSWSupC 17

legal practitioners, liability for negligence - civil libel

Supreme Court of New South Wales

Forbes C.J., 6 March 1832

Source: Australian, 16 March 1832[1 ]

 

Tuesday, 6th - Before the Chief Justice and Messrs. Lamb and Maclaren, Assessors, Kentish v. Norton.  This was an action brought by the plaintiff, who is an assistant in the Survey department, against the defendant, a solicitor and practitioner in the Supreme Court, on the alleged ground of positive injury sustained by the plaintiff in consequence of the defendant's neglect to perform certain acts on behalf of the plaintiff, as his professional adviser. It appeared that in an action, Bryant against the plaintiff, judgment having gone against the latter, execution issued - but a rule of Court being obtained for a new trial, and to stay failed to serve notice of the rule in sufficient time to save him from the expenses and annoyance of an execution, and that he also ought to have entered a defence to Bryant's action in limine. The plaintiff managed his case in person. Defended [sic] contended on the other hand, that - he had not been explicitly retained by the plaintiff in the first instance, and to the rest of the matters alleged, he did  not feel called on to answer, as defendant had failed to prove his case. A non-suit was finally entered for the plaintiff.

 

Notes

[1 ] The full report of the Sydney Herald, 12 March 1832 was as follows:

"Kentish v. Norton. - This was an action in a case to recover damages for neglect on the part of the defendant as an Attorney.  Verdict for defendant."

See also Poignand v. Kentish, 1832; Bryant v. Kentish, 1832.

Published by the Division of Law, Macquarie University