Adjournment application refused: Abuse / Professional negligence.
Grimmett v Rivdale Pty Limited (t/as Angela Sdrinis Legal [2025] VSC 122 (Link to JADE).
With thanks to Belinda Epstein for drawing attention to this judgment, which relates to an appeal by the plaintiff of a ruling of Baker JR dated 3 March 2025, to deny an application to vacate a trial date, despite the consent of all parties. The court provided an outline at [1]:
The plaintiff, Ms Grimmett, is suing her former lawyers and barrister for damages arising from a previous settlement of an institutional abuse claim, which she says should have been resolved for a higher amount. The case has been running since late 2022. Following a recent mediation, the plaintiff applied to vacate her trial date of 17 March 2025, with the consent of the defendants, on the basis that the parties had agreed that she would commence a new claim against the original tortfeasors involved in her previous claim. The rationale for doing so is that as this proceeding concerns an alleged loss of an opportunity to resolve the prior claim for a higher amount, if the plaintiff can recover further damages from the original tortfeasors it may remove the need for this proceeding entirely, as she will not have suffered any loss.
And at [8]:
As indicated to the parties in the course of the hearing, I am concerned about what has occurred in this proceeding. The claim has been on foot since 2022, and its substance has not changed materially in that time. It has always been focused on whether the previous claim was resolved for too low an amount, or inappropriately excluded particular heads of damages. The defendants’ cases in response have always included an argument that the plaintiff has failed to mitigate her losses by reference to the ability to bring an application to set aside the prior settlement deed under the Limitation of Actions Act 1958 (Vic).
Following a detailed review of the earlier decision and the arguments put by the plaintiff, the Court dismissed the appeal and confirmed the trial date of 28 April 2025, saying at [14]:
The plaintiff, in essence, appears to be seeking that the trial date be vacated as a result of her having only very recently taken responsive steps to the defendants’ pleading that she has failed to mitigate her loss, in circumstances where this issue has been apparent since December 2022 and no good excuse has been provided for the delay. Such prolonged inaction cannot be sanctioned by the Court.
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