Event and Time
Event Description
- Date of Employment Commencement: 3 September 2013
- Date of Employment Termination: April 2015
- Formal Complaint to Employer: 10 December 2014
- Complaint Lodged with AHRC: 24 May 2016
- Medical Assessment by Defendant: 29 June 2016
- Plaintiff's Statement of Claim Filed: 17 April 2018
Application and Claims
- The plaintiff claimed to suffer from harassment, discrimination, and bullying during his employment at Kott Gunning Lawyers, which he stated were directed at his sexuality.
- He alleged that the defendant, a medicolegal expert, breached his duty of care and fiduciary duties, and contravened the Australian Consumer Law (ACL), due to inaccuracies in a report.
- The plaintiff sought compensation related to economic loss and other damages.
Judicial Decisions
1. The court granted leave to amend the statement of claim. 2. The proceedings were dismissed per rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW). 3. The plaintiff was ordered to pay the defendant’s costs.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Arguments:
- Claimed the content of the doctor’s report led to his representation being abandoned. - Asserted the defendant owed a duty of care as well as fiduciary duty, and alleged the report contained falsities. - Argued the report’s unfavourable nature was the cause of the cessation of legal representation.
- Defendant's Arguments:
- Argued that witness immunity applies, protecting him from liability regarding the expert report. - Claimed the report was prepared in compliance with the Expert Witness Code of Conduct. - Stated that the plaintiff’s interpretation of the report’s purpose was inconsistent with the documentation.