Event and Time
Event Description
On October 11, 2022, the second defendant, Tresscox, applied by summons for leave to file and serve an amended defense in connection with a trial set to commence on the same day. This application focused specifically on addressing allegations made by the plaintiff related to the financial capacity of the defendants to satisfy any judgment rendered against them.
Application and Claims
- The plaintiff alleged that Piper Alderman, through Andrew Stops, had a duty to advise her on the likelihood of success and the collectability of a potential damages award in her case against Shadbolt and Catterick, which was related to a claim of malicious prosecution.
- The plaintiff contended that at the time in question, Shadbolt and Catterick had sufficient financial means to satisfy a judgment.
- The second defendant amended its defense to assert that, as of mid-2015, Shadbolt and Catterick would not have been able to satisfy any potential judgment against them.
Judicial Decisions
The judge refused the second defendant's application to include an additional paragraph regarding the financial collectability of a potential judgment, determining that the circumstances did not warrant such an amendment. The judge highlighted that the interests of justice dictated that the proposed paragraph 37(e) of the amended defense be denied.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Claims:
- The plaintiff argued that the solicitors involved were obligated to evaluate the financial means of Shadbolt and Catterick when advising her. - She claimed that had she been properly advised about the likelihood of receiving and collecting a substantial award of damages, she would have pursued her legal action against them.
- Defendant's Arguments:
- The second defendant contended that the issue of collectability was a critical one since it directly impacts the plaintiff's allegation of lost opportunity and damages. - They argued that the amendment should be included to allow for a full evaluation of the real issues at stake in the case.