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Supreme Court dismisses appeal from Court of Appeal, and affirms decision to dismiss plaintiff's claim against solicitors, where he claimed to have suffered "worry and stress" arising from an alleged failure to assign counsel the day before his criminal trial, on the grounds that: a) insofar as the claim was for personal injuries, it was statute-barred; b) damages could not be awarded for worry and stress in the absence of a recognised psychiatric injury; and c) the plaintiff had not established an exception to the general rule that damages for worry or upset could not be awarded for breach of contract.
Denham CJ (nem diss): Professional negligence - action against solicitors - whether a claim for damages for "worry and stress" should be treated as personal injury action, where no recognised personal injury - leave to appeal to Supreme Court on matter of general public importance - client charged with possession of drugs with intent to supply - claim that solicitor had failed to prepare for the trial - issue of claim for negligence in 2005 - action struck out as abuse of process - pleadings amended to include claim for exposure to worry and stress from uncertain position in criminal justice system - whether amended claim constituted a claim for personal injuries - whether claim for "worry and stress" was recoverable in an action for breach of contract or professional negligence - whether any recognised psychiatric injury - damages for worry or upset arising from breach of contract - non-pecuniary loss.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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