Jock Anderson

An under-worked Supreme Court is still sitting on the question every lawyer wants answered – will clients be able to sue barristers for bad workmanship.

It has been nearly a year (October 18 –20, 2005) since a full bench of Chief Justice Dame Sian Elias, and Justices Tom Gault, Sir Kenneth Keith, Peter Blanchard, Andrew Tipping and Ted Thomas reserved their decision on this all important question.

The Court was asked to decide if fruit importers Sun Poi Lai and his wife Hilda Lorraine Lai could sue Auckland law firm Chamberlains over what they claim was dud courtroom advice in a mid-1990’s High Court case that cost them about $750,000.

Chamberlain’s defence was one of  barristerial immunity, which traditionally protected lawyers from being sued for their courtroom performance.

In March 2005 the Court of Appeal, in a four to one decision, said the Lais could sue Chamberlains for wrongly letting the High Court rule against them.

So important is it to lawyers whether people can sue them or not, the Supreme Court allowed the New Zealand Law Society and the New Zealand Bar Association to also have a big say.

The delay in coughing up the long-awaited Chamberlains decision may have something to do with Justice Thomas being officially retired for some years and brought back in to fill a much-needed intellectual gap, Justice Gault is off running a Scottish golf course and Sir Kenneth Keith was last seen looking for the tradesman’s entrance to the International Court of Justice in Holland.

The Supreme Court is sitting on seven other reserved decisions, from last November, December, February, March, May (2) and June.

It has three appeal hearings in the pipeline on August 9 and 10, August 15 and October 19.

For more information refer www.courtsofnz.govt.nz