Court of Appeal (WA)|2016-11-30|Before: Martin CJ

FRIGGER -v- CLAVEY LEGAL PTY LTD [No 3] [2016] WASCA 209 (30 November 2016)

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

CITATION : FRIGGER -v- CLAVEY LEGAL PTY LTD [No 3] [2016] WASCA 209

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Citation : FRIGGER -v- CLAVEY LEGAL PTY LTD [No 3] [2015] WADC 21

Professional negligence - Claims by appellants against former solicitors - Nature and scope of retainer - Performance of retainer - Termination of retainer - Whether relationship of trust and confidence between solicitor and client had broken down - Primary judge's findings based significantly on assessment of evidence as to oral communications between solicitor and client - Multiple findings that the first appellant was a dishonest witness - Appellants' evidence rejected - Findings based on credibility - Turns on own facts

Practice and procedure - Applications to adduce additional evidence - Forensic decision taken not to adduce evidence at trial

Costs - Calderbank offer - Indemnity costs - Proper construction and application of Calderbank offer - Turns on own facts

BP Refinery (Western Port) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266

Commonwealth Bank of Australia v Barker [2014] HCA 32; (2014) 253 CLR 169

French v Carter Lemon Camerons LLP [2012] EWCA Civ 1180

Frigger v Clavey Legal Pty Ltd [No 3] [2015] WADC 21

Frigger v Clavey Legal Pty Ltd [No 3] [2015] WADC 21 (S)

Piddington v Bennett & Wood Pty Ltd [1940] HCA 2; (1940) 63 CLR 533

Professional Services of Australia Pty Ltd (Administrator Appointed) v Computer Accounting & Tax Pty Ltd [No 3] [2010] WASC 93

Quigley (a practitioner) v Legal Practitioners Complaints Committee [2003] WASCA 228

Robinson Helicopter Co Inc v McDermott [2016] HCA 22; (2016) 90 ALJR 679

Saunders v The Public Trustee [2015] WASCA 203

The State of Western Australia v Watson [1990] WAR 248

1 These appeals relate to the dismissal of an action brought by Mr and Ms Frigger against Clavey Legal Pty Ltd, solicitors, in the District Court.

2 The trial judge was Herron DCJ. His Honour published reasons dismissing the action: Frigger v Clavey Legal Pty Ltd [No 3].[1] His Honour published supplementary reasons in relation to an award of costs against Mr and Ms Frigger: Frigger v Clavey Legal Pty Ltd [No 3] (S).[2]

3 Mr and Ms Frigger appeal both the substantive decision dismissing their action, as well as the adverse costs decision made against them. They also challenge an interlocutory decision dated 15 October 2014 made by Herron DCJ during the trial of the matter, in which his Honour refused the admission of a certain valuation report upon which Mr and Ms Frigger had sought to rely by way of expert evidence in relation to their claim for damages.

4 For the reasons which follow, the appeals should be dismissed.

Overview of the primary proceedings and primary decision The primary proceedings

5 Mr and Ms Frigger had alleged in the District Court, in effect, that the respondent (Clavey Legal) had, in the course of acting for them in certain matters, breached the terms of the retainer, been negligent and breached fiduciary duties. The retainer allegedly related, inter alia, to resisting an application to wind up a company of which Mr and Ms Frigger were sole directors and shareholders, namely Computer Accounting and Tax Pty Ltd (CAT), and in relation to a proposed application to stay certain orders against CAT, made in the Court of Appeal in late 2009, in CACV 76 of 2008. The Court of Appeal orders had the effect of requiring CAT to pay Professional Services of Australia Pty Ltd (PSA) and the estate of Mr Banning, an amount in the order of $800,000.[3]

6 An important part of Mr and Ms Frigger's case was that Clavey Legal's purported termination of the retainer on 30 March 2010 was unlawful and in breach of contract, in consequence of which Mr and Ms Frigger allegedly suffered loss and damage. They also asserted claims based upon the manner in which they alleged Clavey Legal represented and advised them.

7 Mr and Ms Frigger alleged in the District Court, in effect, that the breaches and negligence of Clavey Legal caused them to suffer loss and damage in that had the retainer been performed properly, CAT would have obtained a stay of the Court of Appeal judgment in CACV 76 of 2008 and, consequently, it would not have been wound up on the ground of insolvency. Mr and Ms Frigger alleged that it was the winding up of CAT which caused them to suffer certain specified losses.[4]

8 Mr and Ms Frigger also alleged that Clavey Legal had been instructed to:

(a) appear on their behalf in Supreme Court proceedings CIV 2001 of 2009 in respect of a deed of company arrangement entered into by PSA (DOCA proceedings);[5] and

(b) act for Mr and Ms Frigger in Supreme Court proceedings CIV 2265 of 2006, specifically in relation to freezing orders over Mr and Ms Frigger's assets in the 'Frigger Super Fund' (freezing order proceedings).[6]

10 The primary judge found, in effect, that Clavey Legal was retained in accordance with the terms of a written costs agreement dated 23 February 2010 to defend the winding-up application of CAT, and to advise on the prospects of obtaining a stay of the Court of Appeal's orders of 23 October 2009.[7]

11 His Honour also found, in effect, that on 12 March 2010 the retainer was extended for Mr Clavey to consider the merits upon which PSA's deed of company arrangement (DOCA) could be challenged.[8] The judge also found that on or about 25 March 2010, the retainer was further extended to include instructions to act for Mr and Ms Frigger in relation to the freezing order proceedings, conditional upon a hearing that was scheduled for 1 April 2010 being adjourned.[9]

12 His Honour found that, contrary to Ms Frigger's assertions, Clavey Legal had not accepted instructions to appear on behalf of Mr and Ms Frigger in the DOCA proceedings;[10] nor had Clavey Legal accepted unconditional instructions to represent Mr and Ms Frigger in the freezing order proceedings.[11]

13 His Honour also found that, on 30 March 2010, Clavey Legal had terminated the retainer in the matters in which it had been retained because the requisite trust and confidence between solicitor and client had broken down.[12]

14 The appellants' case at trial in relation to the scope and terms of the relevant retainer and the communications between the parties throughout the performance of the retainer up to and including its termination, relied significantly upon the evidence of Ms Frigger.[13] His Honour found, with detailed reference to Ms Frigger's evidence and affidavits previously sworn by her that:

(a) Ms Frigger was dishonest in, and gave a dishonest explanation about, an affidavit sworn 23 September 2008;[14]

(b) Ms Frigger was a person who showed little or no regard for the truth;[15]

(d) Ms Frigger manipulated and created documentation, including by swearing affidavits which were often contradictory of and inconsistent with each other to defeat applications against her;[17]

(e) Ms Frigger swore a false affidavit on 10 February 2010 in connection with CAT's application for special leave to the High Court, and she dishonestly swore the affidavit intending to mislead the High Court as to CAT's financial position;[18]

(f) Ms Frigger took certain green appeal books away from the court and into her custody, and returned them with a page inserted into volume 3 of the green appeal book which had not been there, and she knowingly and deliberately gave false and untruthful evidence when she denied that she had inserted the document into the book;[19] and

(g) Ms Frigger gave unsatisfactory evidence with little regard, if any, to the truth on other matters and was otherwise an unreliable witness.[20]

15 On the other hand, the trial judge found that Mr Clavey was a credible, truthful and reliable witness, whose evidence he accepted.[21] His Honour also found that Clavey Legal's other witnesses, Ms Richards and Ms Zohar, were reliable and credible witnesses who gave their evidence in a thoughtful and straightforward way. His Honour noted that it was not suggested by the appellants' counsel that they were unreliable witnesses.[22]

16 The judge rejected Mr and Ms Frigger's claims for breach of contract, breach of fiduciary duties and breach of common law duties.[23]

17 His Honour also rejected the appellants' contention that there was an implied term of the retainer to the effect that Clavey Legal would comply with the Law Society of Western Australia's Professional Conduct Rules 2008.[24] Further, his Honour found that even if it were assumed that r 19.3(1) and r 19.3(8) of the Professional Conduct Rules were implied terms of the retainer, the circumstances of the termination did not constitute a breach of, and was not contrary to, those rules.[25]

18 His Honour also rejected specific allegations of negligence pleaded in par 10 of the statement of claim.[26]

19 As to the position of Mr and Ms Frigger following the termination of the retainer, the judge found, amongst other things, that:[27]

(a) in relation to the suspension application to the Court of Appeal:

(i) this was not due to be heard until 16 April 2010;

(ii) Mr and Ms Frigger had no difficulty obtaining new solicitors; and

(iii) on 16 April 2010, the new solicitors obtained an adjournment sine die of the suspension application to the Court of Appeal; and

(b) in relation to the winding up application of CAT:

(i) this was not due to be heard until 28 April 2010;

(ii) Mr and Ms Frigger had no difficulty obtaining new solicitors;

(iii) on 27 April 2010, Ms Frigger swore a further affidavit, settled by her new solicitor, Mr Dutton, in connection with the application to wind up CAT. The affidavit was filed and was referred to by the master in his reasons delivered on 6 May 2010;

(vi) the winding up application came on before Master Sanderson on 28 April 2010. Ms Frigger appeared through counsel and made submissions. Master Sanderson ordered CAT to be wound up in insolvency on 6 May 2010;

(v) subsequently, Mr and Ms Frigger filed an appeal against Master Sanderson's decision, but chose not to pursue it.

20 Also, on 8 April 2010, Mr Clavey offered to speak with the new solicitors to facilitate transfer of the matters, at no charge. That offer was never taken up. Nor did Mr Clavey claim a lien over the papers.

21 The judge further found that the appellants' claims against Clavey Legal were a collateral attack on the decision of the master to wind-up CAT, and on that basis he would, in any event, have ordered the proceedings to be stayed as an abuse of process.[28]

22 His Honour found that had either Mr Clavey remained acting for them, or an experienced competent solicitor and counsel appeared on their behalf, the appellants would not have successfully opposed the winding-up application of CAT. His Honour found that given the master's findings that CAT was indebted to PSA and the Banning Estate in an amount over $800,000 and did not have the capacity to make that payment and was therefore prima facie insolvent, the only way Mr and Ms Frigger could establish that CAT was solvent would be for Ms Frigger or Mr Frigger to personally undertake to meet the debts of CAT as and when they fell due. The undertaking was not forthcoming, and the conclusion that CAT should be wound up was therefore inevitable. His Honour found that the outcome would have been no different no matter who represented the appellants at the hearing.[29]

23 The judge also found, in effect, that the appellants could not have, in any event, been successful in obtaining a stay or suspension of the Court of Appeal's orders, in that had the true financial circumstances of CAT, as later disclosed by Mr and Ms Frigger, been known to the Court of Appeal, CAT would never have successfully resisted a stay of the primary judgment in the first place; CAT would thereby never have received and been in a position to dissipate the money which the Court of Appeal subsequently ordered it to repay; and in those circumstances, the prospect of the Court of Appeal then staying its orders requiring repayment by CAT, would have been 'remote'.[30]

The primary judge's findings of fact in more detail 22 February 2010[31]

24 Ms Frigger first met with Mr Clavey on 22 February 2010. Ms Frigger asked Mr Clavey to assume responsibility for acting for Mr and Ms Frigger in:

(b) seeking a suspension of the Court of Appeal orders.

25 Mr Clavey advised that as the statutory demands against CAT had not been set aside, there was a difficulty in that Ms Frigger would have to prove that CAT was solvent.

26 Ms Frigger also had with her a deed of company arrangement (DOCA) for PSA. She explained that she had applied to set the DOCA aside, and she had engaged another solicitor, Mr Stokes, to do so.

27 By email dated 23 February 2010, Mr Clavey emailed a copy of his firm's costs agreement. The letter identified the services to be provided as, in effect, acting to defend the winding up application of CAT and to advise on the prospects of obtaining a suspension order in respect of the Court of Appeal's judgment, and/or in relation to a variation of orders concerning the appointment of a provisional liquidator to CAT.

28 By the email, inter alia, Mr Clavey also sought a copy of the papers in respect of CAT's application for leave to appeal to the High Court, and a copy of Simmonds J's orders appointing a provisional liquidator.

29 Also on 23 February 2010, Mr Clavey asked for a copy of the Mareva order. By email to Ms Frigger later that evening, Mr Clavey identified issues that needed to be addressed, and other documents that were required. Ms Frigger signed and returned the costs agreement.

30 Also on 23 February 2010, Mr Clavey requested two members of his staff, Ms Richards and Ms Zohar, to undertake various tasks, including research, in connection with the retainer.

31 Ms Richards and Ms Zohar commenced attending to legal research, and Ms Richards was involved in the preparation of an affidavit in response to the winding up application. Ms Richards contacted Ms Frigger and requested further information that was required.

32 By email dated 25 February 2010, Ms Frigger said, in effect, that she would provide the requested information. She also asked Ms Richards to write to the master urgently to ask for a special appointment for half a day to avoid what she described as an unnecessary appearance at the master's chambers on 4 March 2010. Ms Frigger also repeated those instructions to Mr Clavey, who said that he would need to first seek the consent of the solicitors for the provisional liquidator.

33 On 26 February 2010, Ms Frigger emailed Ms Richards in response to certain requests for further information.

34 Later on 26 February 2010, Ms Frigger telephoned Ms Richards in an irate mood, expressing concern as to whether her affidavit in opposition to the winding up application would be finalised that week. Ms Frigger telephoned Ms Richards on two occasions and sent four emails on 26 February 2010.

35 Also on 26 February 2010, Ms Richards also sent Ms Frigger a draft affidavit, asking her to review the draft and respond to various questions in connection with it. Ms Richards suggested a meeting on the following Tuesday (2 March 2010) to finalise the affidavit once it had been settled by Mr Clavey.

37 On 2 March 2010, Mr Clavey met with Ms Frigger. She provided some further material. At the meeting, Mr Clavey reported, in effect, that the solicitor for the provisional liquidator of CAT was complaining that he was not receiving appropriate cooperation from Mr and Ms Frigger as directors of CAT. In particular, it was said that the report as to affairs had not been provided to the liquidator's satisfaction, and various books and records of the company had not been provided. Mr Clavey cautioned Ms Frigger about the importance of cooperating, particularly as one of the grounds of the winding up application was on the just and equitable basis. Ms Frigger said that there was a lot of information and documents and she was finding it difficult to get all of it.

38 Mr Clavey also said, as politely as he could, that it was not appropriate for Ms Frigger to be overly terse or rude with his staff. Ms Frigger replied that she had not realised that she had been rude, and would be mindful of it.

39 More documents were sought by Mr Clavey by email on 2 March 2010.

40 On 3 March 2010, a further affidavit in opposition to the winding up application was sworn, filed and served, together with an outline of submissions.

41 On 4 March 2010, Mr Clavey appeared before Master Sanderson on the return application of the winding up and sought an adjournment to a special appointment. However, the matter was listed instead for further directions on 16 March 2010.

42 In response to a question from the master as to when CAT's application for special leave to the High Court had been listed, Mr Clavey sought instructions from Ms Frigger who told him that it had been listed for 23 April 2010. Mr Clavey accordingly advised the master of that instruction. That instruction was not correct and misrepresented the true position. When the true position subsequently emerged, Mr Clavey asked Ms Frigger for the basis upon which she had provided that instruction. Ms Frigger's evidence in cross-examination concerning her explanation for providing false instructions to Mr Clavey revealed 'Ms Frigger's indifferent attitude to telling the truth and how she is prepared to misrepresent the facts if she thinks it will assist her'.[36]

43 Mr Clavey provided further advice and sought further instructions by letter later on 4 March 2010. On 5 March 2010, he passed on to Ms Frigger further complaints by the provisional liquidator regarding alleged non-cooperation in relation to the affairs of CAT.

44 On 8 March 2010, Mr Clavey met with Ms Frigger. There were discussions about whether s 471B of the Corporations Act 2001 (Cth) obviated the need for a suspension application.[38] Mr Clavey's memorandum that day identified his current instructions to include that 'subject to s 471B advice, either bring a stay application or proceed with application to vary or declare DOCA terminated'. The judge rejected Ms Frigger's evidence that she gave instructions, and Mr Clavey accepted instructions, on 8 March 2010 to 'progress the termination of the DOCA'.

45 Ms Frigger drafted her own version of an application for a stay of the Court of Appeal judgment and sent it to Mr Clavey on 9 March 2010. It was in terms, inter alia, that, in effect, there be a stay not only pending a determination of CAT's proceedings in the High Court, but also 'pending the resolution and taxation of all legal and enforcement costs between the parties'.

46 Mr Clavey was working on an affidavit in support of a suspension application.

47 By email dated 11 March 2010, Mr Clavey sent Ms Frigger a draft of the affidavit. He advised that he would inspect the liquidator's documents the following morning. He also communicated to Ms Frigger an offer of settlement from the liquidator's solicitors.

48 Later on 11 March 2010, Mr Clavey recommended in a telephone conversation with Ms Frigger, that he be instructed to make a suspension application in respect of the Court of Appeal orders, and that it would be a useful aid to oppose the winding up application. Ms Frigger firmly instructed him not to proceed with a stay application until there was a listing date for the winding up application. Mr Clavey nevertheless said he was concerned about delaying making the suspension application, and explained to Ms Frigger that he did not think it was in her interest to delay it, and that it was necessary to get on with the application. Mr Clavey also outlined the settlement proposal from the liquidator's solicitors, but Ms Frigger was quite emphatic that she was not going to settle. He asked Ms Frigger to read the email and think about it.

49 In the email dated 11 March 2010 regarding the inspection of the liquidator's documents, Mr Clavey told Ms Frigger, in effect, that he wanted to identify what documents he may need to address because he had not seen them. Mr Clavey explained that one of the matters he raised before the master on 4 March 2010 was that he did not have the documents relied upon by the applicants in the winding up application, and that he needed to see what that material was in order to consider whether it affected Mr and Ms Frigger's position and whether it was necessary to make additional submissions.

50 On 12 March 2010, Ms Frigger gave instructions to or for Mr Clavey:

(a) not to inspect the liquidator's documents, and if he did he would not be paid for it;

(b) not to proceed with the suspension application until there was a hearing date for the winding up application.

51 Mr Clavey advised Ms Frigger that it was not in her interest to delay the suspension application. He also asked her to read the email concerning the proposed settlement and think about it.

52 Later on 12 March 2010, Mr Clavey met with Ms Frigger for the entire afternoon. The meeting was intended to deal with the suspension application affidavit but, in Mr Clavey's words', 'went completely off the rails'. At that meeting, Ms Frigger's instructions to proceed with the suspension application were renewed. Ms Frigger asked Mr Clavey to take over the DOCA application. He declined, but said he was prepared to provide a second opinion in relation to it.

53 On 15 March 2010, Mr Clavey confirmed these instructions by email and required confirmation of an extension to his costs agreement. He also requested a further $30,000 to be paid into trust on account of fees and anticipated fees.

54 On 16 March 2010, Mr Clavey sent an itemised list for the monies requested to be paid into trust.

55 Mr Clavey also advised Ms Frigger that her proposed suspension application to the Court of Appeal would be prejudiced if she sought a stay until costs orders had been finalised in the several proceedings. He advised that the 'proper request' was for a stay of the Court of Appeal judgment until the appeal in the High Court had been determined.

56 Ms Frigger responded on 17 March 2010 saying, in effect, that she would prefer to 'keep the application' as it was.

57 Mr Clavey ultimately settled a stay application to the Court of Appeal in accordance with his advice to Ms Frigger in terms that he considered appropriate. The affidavit in support was settled and sworn on 18 March 2010. Mr Clavey said he would not file the application until the funds requested had been paid into trust.

58 Ms Frigger paid the sum requested, and the suspension application was filed on 23 March 2010.

59 In the meantime, on 22 March 2010, Ms Frigger emailed Mr Clavey asking him to file a notice of appointment in, and attend on, a relisted freezing orders hearing in relation to Mr and Ms Frigger personally. The relisted hearing was for 1 April 2010.

60 Mr Clavey told Ms Frigger that he was not available on 1 April 2010, and that he did not know enough about the matter. He suggested she seek an adjournment, and offered to facilitate an adjournment. Mr Clavey telephoned a barrister who said he was available to appear on 1 April 2010 and was on 'standby' if need be. Mr Clavey also spoke to Mr Lenhoff who said that subject to speaking to counsel, he was amenable to have the hearing adjourned for a short period.

61 Mr Clavey had a meeting with Ms Frigger on 24 March 2010 in which various matters concerning the hearing on 1 April 2010 in relation to the application for freezing orders were discussed. In particular,[44] Ms Frigger asked Mr Clavey to appear for Mr and Ms Frigger at the hearing listed for 1 April 2010 to defend an application to extend certain Mareva orders made by Simmonds J in those proceedings, and to argue the issue of costs in that matter. Ms Frigger also said that she wanted Mr Clavey to attend to three other matters 'in due course', being:

assume conduct of the proceedings to terminate the DOCA;
apply to appoint a new receiver over the estate of Martin Banning's share of Banning Holdings; and
obtain an order that CAT be permitted to have interlocutory costs orders taxed separately from its costs of trial.

62 Mr Clavey's instructions were to try to arrange an adjournment of the hearing on 1 April 2010 or, if necessary, brief a barrister to appear on 1 April 2010.[45]

63 By 26 March 2010, Mr Clavey had obtained Mr Lenhoff's agreement to adjourn the hearing on 1 April 2010, and informed Ms Frigger that it was necessary to prepare a minute of consent orders.

64 Ms Zohar was involved in seeking to get a minute of consent orders signed and filed.

The events of 29 - 30 March 2010[46]

65 By email on the evening of 29 March 2010, Ms Zohar advised Ms Frigger of her progress in relation to having the hearing scheduled for 1 April 2010 adjourned. She told Ms Frigger she would let her know the next morning if they were able to file a signed minute of consent orders moving the hearing from 1 April 2010 to either 9 or 16 April 2010. She also noted that otherwise Mr Clavey would brief a barrister to appear on Ms Frigger's behalf on Thursday, 1 April 2010.

66 On the following day, 30 March 2010, Ms Zohar took various steps to arrange the consent order. As events transpired, the organisation of the consent order proved to be quite difficult, having regard to the requirements of the court and each of the different parties. This included the fact that there were a number of changes to the minute of consent orders suggested throughout the day, which required Ms Zohar to make approximately 20 telephone calls.

67 At about 2.55 pm on 30 March 2010, Ms Zohar spoke with Ms Frigger by telephone. She told Ms Frigger that she needed to sign the consent order and send it back to Ms Zohar. Ms Frigger started asking her about other issues about which Ms Zohar was not sure, and Ms Zohar informed Ms Frigger that all Ms Zohar was doing was working on these consent orders, and that it was necessary to do this to adjourn the hearing. Ms Frigger got very upset and started to raise her voice and ended up screaming at Ms Zohar over the telephone, saying words to the effect that 'why hadn't [Mr Clavey] done this and why hadn't it been done, it wasn't good enough'.[47]

69 At 3.30 pm on 30 March 2010, Ms Zohar spoke again to Ms Frigger. Ms Frigger had calmed down a lot. In that telephone conversation, Ms Frigger told Ms Zohar that Mr Clavey had misled her because Mr Clavey said that he could argue the matter on 1 April 2010.

70 In her cross-examination on this topic, Ms Frigger accepted that if she had made the statements that Ms Zohar had said she had made, then she accepted that her statements were 'completely unacceptable and would demonstrate a complete lack of trust between her [Ms Frigger] and Mr Clavey'.[48]

71 Ms Zohar reported Ms Frigger's behaviour to Mr Clavey, including the accusation that Mr Clavey had 'misled' Ms Frigger.

72 On the basis of Ms Frigger's behaviour, Mr Clavey considered that the relationship of trust and confidence necessary to maintain the solicitor/client relationship had broken down.

Termination of the retainer: 30 - 31 March 2010[49]

73 Having considered that the relationship of trust and confidence had broken down, Mr Clavey sent an email to Ms Frigger on 30 March 2010 terminating his retainer.

74 On 31 March 2010, Mr Frigger telephoned Mr Clavey and apologised for Ms Frigger's conduct. Mr Frigger asked Mr Clavey to reconsider his position.

75 Mr Clavey agreed to reconsider his position. However, in a telephone conversation later that day with Ms Frigger, Ms Frigger angrily accused Mr Clavey of acting or being 'unprofessional'.

76 Mr Clavey was confirmed in his earlier view that the requisite relationship of trust and confidence had broken down.

Events after termination of the retainer[50]

77 The suspension application to the Court of Appeal was not due to be heard until 16 April 2010.

78 The winding up application was not due to be heard until 28 April 2010. The Friggers had no difficulty obtaining new solicitors. Mr Dutton was retained the next business day following the termination of the retainer by Mr Clavey. A barrister was consulted and Ms Frigger advised Mr Clavey on 8 April 2010 that the barrister had been engaged.

79 On 8 April 2010, Mr Clavey offered to speak with the new solicitors to facilitate transfer of the matters, at no charge. That offer was never taken up. Mr Clavey did not claim a lien over the papers.

80 The new barrister gave certain advice. Ms Frigger rejected the barrister's advice, and chose not to have the barrister act and appear in the matter of the winding up application against CAT.

81 On 16 April 2010, the new solicitors obtained an adjournment sine die of the suspension application to the Court of Appeal. That application was never brought back on.

82 On 27 April 2010, Ms Frigger swore a further affidavit, settled by Mr Dutton, in connection with the application to wind up CAT. The affidavit was filed and was referred to by the master in his reasons delivered 6 May 2010.[51]

83 The winding up application came on before Master Sanderson on 28 April 2010. Mr and Ms Frigger appeared by counsel (Mr Dutton) at the hearing on 28 April 2010, and had the opportunity to make submissions in opposition to the application. In fact, Mr and Ms Frigger only instructed Mr Dutton to ask for an adjournment because he advised them that he did not have the experience to argue against the winding-up application. Mr Dutton, on Mr and Ms Frigger's instructions, applied for the adjournment, but it was not granted and the application was heard. Master Sanderson ordered that CAT be wound up in insolvency.

84 Subsequently, Ms Frigger filed an appeal against that decision to wind up CAT, but chose not to pursue it.

85 In relation to the substantive decision of Herron DCJ, Mr and Ms Friggers' grounds of appeal were to the following effect:

The judge erred in fact by finding, at [345] - [346], that Ms Frigger accused Mr Clavey of misleading Ms Frigger in relation to his availability on 1 April 2010, in that the finding of fact was against the weight of the contemporaneous documentary evidence.
The judge erred in mixed law and fact by finding, at [264], that Clavey Legal was entitled to terminate the costs agreement pursuant to cl 9.5.
The judge erred in law in finding, at [310], that Clavey Legal was contractually not obliged to comply with the Law Society Professional Conduct Rules.
The judge erred in fact in finding, at [211] - [212], that Mr Clavey was not given, and did not accept, instructions to take over the application concerning the DOCA.
The judge erred in finding, at [357], that Clavey Legal undertook the instructions in the retainer in a competent, conscientious and proper manner.
The judge erred in fact in finding, at [352], that there was ample time for Mr and Ms Frigger to arrange further representation.
The judge erred in his provisional assessment of Mr and Ms Friggers' claim for damages.
The judge erred in mixed law and fact in finding, at [169], that Ms Frigger:

(a) is an unreliable, dishonest and untruthful witness;

(b) is prepared to make unfounded and untruthful allegations against people with whom she is in dispute;

(d) misconstrues contemporaneous documents to support her reconstructed account of what happened or what was said;

(e) falsely represents the financial status of CAT to achieve her own purpose of obtaining payment and keeping the payment when not entitled to do so; and

(f) to defeat legitimate purposes of litigation in which she is involved.

86 In relation to Herron DCJ's interlocutory decision, Mr and Ms Frigger contended (ground 9), that the judge erred in mixed law and fact by his interlocutory ruling that the expert evidence of Mr Smoothy in 'valuing the goodwill of public accounting practice of [Ms Frigger] was inadmissible' and in refusing to allow Mr and Ms Frigger to adduce such valuation evidence.

87 Before dealing with the grounds of appeal, it is convenient to refer to the appellants' applications to adduce additional evidence in the appeal.

The appellants' applications to adduce additional evidence

88 Mr and Ms Frigger filed two applications to adduce additional evidence in CACV 56 of 2015, one dated 25 August 2015 and the other dated 20 June 2016. The applications had no arguable merit. Each was dismissed in the course of the hearing of the appeal. The relevant principles were recently considered in Saunders v The Public Trustee.[52]

89 In the first application, Mr and Ms Frigger sought to adduce as evidence a copy of a document purporting to be an email from Mr Cobby (a barrister) to Mr Lenhoff (a solicitor) dated 12 July 2013. The application was dismissed because the document was plainly not evidence of anything. It was an unsworn, unsigned, document apparently made over three years after the events that were the subject of the primary proceedings. There was nothing to suggest that it was a document made by, or on behalf, of Clavey Legal. It could have had no conceivable bearing on the outcome of the appeal. Also, and in any event, the primary proceedings were heard in 2014. The document was plainly not fresh evidence, and there was no explanation as to why, if it was thought to be relevant, the document was not produced as evidence at the trial.

90 In relation to the second application, Mr and Ms Frigger sought to adduce evidence of written submissions dated 29 October 2009 before the Court of Appeal in CACV 76 of 2008; an email dated 15 November 2009 in relation to other proceedings, apparently from Mr Campbell-Smith to his lawyer; an unsigned and unsworn document purporting to be a 'Statement of Assets and Liabilities'; a statement of claim containing allegations made by Mr and Ms Frigger in the Federal Court of Australia; an 'expert report prepared by [Clavey Legal]'; an extract of a transcript of an interlocutory hearing in CACV 76 of 2008 dated 16 April 2010; and a copy of a letter and directors' resolution dated 1 September 2003, both relating to the commencement of legal action against persons and entities other than Clavey Legal, and both emanating, it seems, from Mr and Ms Frigger.

91 Again, the application was rejected because none of the documents were admissible. Nor were they fresh evidence. Mr Cook, who appeared for Mr and Ms Frigger as counsel at trial and also on the appeal, sought to contend that certain documents at least were not available to Mr and Ms Frigger at the time that they instructed Clavey Legal in 2010, and that Clavey Legal, acting reasonably, should have obtained them in relation to the retainer. That submission merely served to demonstrate the absence of merit in the application. If the documents were reasonably obtainable by lawyers acting on behalf of Mr and Ms Frigger, they should have been obtained for the purposes of the trial. There was no, or no adequate, explanation as to why they were not.

92 Further, particular mention should be made of the 'expert report' which was sought to be adduced as evidence in the appeal. It emerged from the respondent's submissions that this was a document which had been prepared on behalf of Clavey Legal in response to a particular plea in the statement of claim by Mr and Ms Frigger, which Mr Cook, as counsel for Mr and Ms Frigger, had abandoned at trial. The report was consequently not tendered by Clavey Legal at the trial. Nor did Mr Cook seek to tender it at the trial. Mr Cook failed to mention these matters in his submissions, save to say that Mr and Ms Frigger had access to the report at the time of trial, but that they received legal advice not to rely upon it. Plainly the document was not tendered at trial as a result of a deliberate (albeit logical) forensic decision taken by or on behalf of the appellants. This serves to confirm the complete absence of merit in relation to the application for that particular document.

93 It is convenient to commence the consideration of the grounds of appeal by reference to ground 8. Ground 8 concerns the adverse credibility findings made by the judge against Ms Frigger. Those findings permeate his Honour's findings as to the nature and scope of the retainer, and the communications between Ms Frigger and Clavey Legal in the course of the retainer.

94 Ground 8 of the appeal relies, in effect, on the following contentions:

(a) the judge took a 'singular dislike to Ms Frigger and her evidence', and was biased;

(b) the judge's findings were 'gratuitous' and were irrelevant to the case at trial; and

(c) the judge made findings of fact and inferences of fact which were 'contrary to Ms Frigger's evidence' and were 'collateral matters' which had no bearing on the issues in dispute, and reference was made to Piddington v Bennett & Wood Pty Ltd.[53]

95 The first contention misconceives the function of the trial judge. The judge made findings of fact based on his assessment of the evidence at trial, including the oral evidence of Ms Frigger. His findings to the effect that Ms Frigger was a dishonest witness were open on the evidence before his Honour. That did not mean, however, that his Honour 'took a dislike' to Ms Frigger, or that he was biased. His Honour was merely carrying out, in a conventional way, the judicial function.

96 As to the second contention, Mr and Ms Friggers' case at trial depended, in large measure, on alleged oral communications involving Ms Frigger in relation to the scope, performance, termination and events subsequent to the termination of the retainer.[54] Accordingly, the second contention is incorrect.

97 As to the third contention, questions of Ms Frigger's credibility were relevant, including as to the scope of the retainer and the communications with Mr Clavey and Ms Zohar in the course of the retainer. The principle in Piddington to which the appellants referred did not require the cross-examiner, in cross-examining Ms Frigger as to her credit, to accept without further challenge her denials of wrongdoing: The State of Western Australia v Watson.[55]

98 Further, aspects of the judge's findings as to Ms Frigger's dishonesty also went to the issue of causation, and not merely to credit. The context was this. The Court of Appeal judgment of which Mr and Ms Frigger were seeking a stay (being the stay application about which they consulted Mr Clavey) was a judgment against CAT in an appeal by PSA and Banning. The appeal by PSA and Banning related to a judgment obtained by CAT from Simmonds J. PSA and Banning had applied for a stay of the Simmonds J judgment pending a determination of their appeal, but this had been opposed by Mr and Ms Frigger on behalf of CAT. His Honour had found that Ms Frigger had dishonestly misled the Court of Appeal in the stay application.[56] But for that dishonest conduct, there would have been no need for Mr and Ms Frigger to seek a stay of the Court of Appeal judgment, and the losses claimed by Mr and Ms Frigger against Clavey Legal would not have been incurred.

99 Accordingly, the third contention is also incorrect. Ground 8 should be dismissed.

100 The particulars of ground 1 allege that the judge erred in:

(a) accepting the oral evidence of Ms Zohar that, in a conversation between Ms Frigger and Ms Zohar on 30 March 2010, Ms Frigger had accused Mr Clavey of misleading her (Ms Frigger);

(b) accepting the oral evidence of Ms Zohar that she had reported this accusation to Mr Clavey on the same day; and

101 In this regard, Mr and Ms Frigger place reliance on the matters set out in the schedule to the appellants' submissions (appellants' schedule) under the heading '"Misleading Statement" evidence: Ground One'.[57] The documents referred to in this regard are exhibits 1.83 (GB 97 - 98); 1.101 (GB 194); 1.108 - 1.115 (GB 197 - 204); 1.116 (GB 205 - 206); 1.117 (GB 207 - 212); 1.123 (GB 217 - 219) and 1.134 (GB 230 - 260).

102 Dealing with the documents in that order, the first (exhibit 1.83) is an email dated 16 March 2010 from Mr Clavey to Ms Frigger. It precedes the relevant conversation between Ms Zohar and Ms Frigger by some 14 days.

103 The second (exhibit 1.101) is an email from Ms Frigger to Mr Clavey dated 25 March 2010, which again precedes the relevant conversation.

104 The third (exhibits 1.108 - 1.115) are Ms Zohar's file notes of a series of conversations with Ms Frigger on 30 March 2010. Only one file note refers to the relevant conversation, and that records Ms Frigger as having accused Mr Clavey of misleading her.[58]

105 The fourth (exhibit 1.116) is an email from Ms Frigger to Mr Clavey sent at 4.26 pm on 30 March 2010, in which Ms Frigger requests that a letter be sent to the court by 10.00 am the next day, and that her affidavits be ready for signing at 12 noon the next day. Mr Clavey was also requested to respond to certain phone messages.

106 The next document (exhibit 1.117) is a letter from Mr Clavey to Ms Frigger sent by email on 30 March 2010 at 8.33 pm. It refers to Ms Frigger having told Ms Zohar that Mr Clavey had misled Ms Frigger. In that letter, Mr Clavey explained that he would seek to cease acting for Ms Frigger.

107 The next document (exhibit 1.123) is an emailed letter dated 6 April 2010 from Ms Frigger to Mr Clavey in response to Mr Clavey's email letter of 30 March 2010. In that letter, Ms Frigger did not deny that she had told Ms Zohar on 30 March 2010 that Mr Clavey had misled her.

108 The final document (exhibit 1.134) is Clavey Legal's application to be removed from the record as Ms Frigger's lawyer. It includes an affidavit of Mr Clavey sworn 13 April 2010, in which Mr Clavey deposes to the fact that Ms Zohar had reported to him that Ms Frigger had said that he had misled her (par 6).

109 The High Court has recently confirmed in Robinson Helicopter Co Inc v McDermott,[59] that a Court of Appeal should not interfere with a primary judge's findings of fact unless they are demonstrated to be wrong by incontrovertible facts or uncontested testimony, or they are glaringly improbable or contrary to compelling inferences. None of the material relied upon by Mr and Ms Frigger falls into that category. Indeed, insofar as it is relevant, it supports the primary judge's finding of fact that Ms Frigger told Ms Zohar on 30 March 2010 that Mr Clavey had misled her.

110 In written submissions, Mr and Ms Frigger also contend that Ms Zohar's file note is inconsistent with her evidence-in-chief at trial. That is not the case. In both the file note and in her oral evidence, Ms Zohar referred to Ms Frigger as having said that Mr Clavey had misled her. In her file note, it is recorded that:[60]

She [Ms Frigger] said she is very upset because [Mr Clavey] has mislead [sic] her, he told her he would have plenty of time to argue it. I said that he will have time if it is adjourned to 9 April.

111 In her oral evidence, Ms Zohar said:[61]

And then I remember that she said that, you know, it wasn't - she wanted [Mr Clavey] to deal with these other matters and that he had misled her because he said that he could argue the matter on 1 April, and that he'd misled her by saying that. I thought that was quite - I thought it was a concern, so I remember it.

112 Mr and Ms Frigger also contended that there was an inconsistency between, on the one hand, the file note referring to Mr Clavey having said (according to Ms Frigger) that he had 'plenty of time to argue it', and, on the other hand, the statement in Ms Zohar's evidence that Mr Clavey had misled her 'because he said that he could argue the matter on 1 April ...'. There is no inconsistency between the two. The reference in the file note to 'plenty of time to argue it' (being the matter on 1 April) was, in context, the same thing as being able 'to argue the matter on 1 April'. Ground 1 should be dismissed.

113 Ground 2 challenges the judge's finding at [264] to the effect that on 30 March 2013, Mr Clavey had formed the view that the relationship of trust and confidence necessary to maintain the solicitor/client relationship had broken down. In this regard, the judge accepted Mr Clavey's oral evidence that he had formed that view. His Honour also examined, and explained why he rejected, the points raised in cross-examination of Mr Clavey, and in submissions by Mr and Ms Frigger, to the effect that Mr Clavey had not formed that view, but had in fact terminated the retainer on some other bases.[62] Insofar as ground 2 seeks to rely on Ms Frigger's oral evidence, it lacks merit having regard to our conclusions with respect to ground 8.

114 The arguments advanced in relation to ground 2 also appeared to assert a broader point, not covered by the challenge to the judge's finding at [264]. It was to the effect that the judge erred in finding that Mr Clavey had terminated the retainer lawfully. In oral submissions, counsel for Mr and Ms Frigger in particular submitted that Clavey Legal should not have terminated the retainer without affording her a 'hearing'. Reference was made to French v Carter Lemon Camerons LLP.[63]

115 A number of observations may be made about this broader point. First, the arguments do not engage with, or confront, the judge's findings and reasoning on the issue of the termination of the retainer. The finding of termination was based on the judge's assessment of the proper construction and application of cl 9.5 of the written costs agreement. His Honour noted:[64]

Relevantly, cl 9.5 of that written agreement is as follows:

[The defendant] may cease acting for you and be entitled to remove [the defendant] from the court record as your solicitor, if the following occur:

9.5 if the necessary relationship of trust is broken between us.

116 His Honour construed cl 9.5 and applied it to the circumstances of the case. His Honour's reasons appear at [329] - [353]. There was no challenge to his Honour's construction of cl 9.5 of the written costs agreement. His Honour considered that cl 9.5 had both subjective and objective elements.[65] The subjective element was that the solicitor had formed the belief that the necessary relationship of trust and confidence had broken down. The objective element was that the solicitor's belief was required to be based on reasonable and objective grounds. His Honour concluded, as noted earlier, that Mr Clavey had formed that subjective belief. Ground 2, which attacks that finding, has not been established. As to the objective element, His Honour explained in some detail, with reference to the evidence, why he concluded that Mr Clavey's belief was based on reasonable grounds. These included the following matters:

(a) Ms Frigger's acceptance that if she had told one of Clavey Legal's staff (Ms Zohar) that Mr Clavey has misled her, then that would have been 'a completely unacceptable thing for her to say and would have demonstrated a complete lack of trust between her and Mr Clavey'.[66]

(b) After Mr Clavey had emailed the termination letter on the evening of 30 March 2013, Mr Frigger contacted Mr Clavey the next day and apologised for Ms Frigger's conduct. He asked Mr Clavey to reconsider his firm's position and Mr Clavey agreed to do so.

(c) Later on 31 March 2010, Mr Clavey had a telephone conversation with Ms Frigger. Ms Frigger became angry and accused Mr Clavey of acting unprofessionally. As a result of this, Mr Clavey felt confirmed in his view that the relationship of trust and confidence had completely broken down.

(d) At the time of the termination of the retainer, there was, objectively, sufficient time for Mr and Ms Frigger to retain alternative lawyers to attend to the relevant proceedings.

117 As to these matters, so far as the first three might be challenged by ground 8 (it is not clear), the challenge is unsuccessful. The fourth is the subject of attack under ground 6, but, for the reasons given later, ground 6 must also be rejected.

118 The case of French v Carter, Lemon Camerons LLP, to which counsel referred, involved a dispute between a solicitor and client in which it was held that the solicitor was entitled to claim a lien over the file after the termination of the retainer. In that case, in the course of the retainer before its termination, there was a meeting between the solicitor and client which included some discussion as to whether, in light of certain complaints made by the client, the retainer should continue. It sheds no light on the proper construction and application of cl 9.5 in the particular circumstances of this case.

119 Also, the general principles of law quoted in the appellants' submissions, which have been taken from a legal textbook, do not point to any error by the judge.

121 Ground 3 alleges that the judge erred in finding that the defendant was not contractually obliged to comply with and act in accordance with The Law Society of Western Australia's Professional Conduct Rules 2008 (PCR). The appellants contend there was 'an implied term in the contract that [Clavey Legal] would exercise care and skill as promulgated by the PCR'.[67] His Honour rejected that contention. His Honour referred to Quigley (a practitioner) v Legal Practitioners Complaints Committee,[68] and concluded that the provisions of the PCR were neither implied as a term of the engagement in fact,[69] nor in law.[70] The appellants' submissions provide no basis for their contention that the judge was incorrect.

122 Further, even if this ground were successful, it could have no effect on the result in the appeal. That is because his Honour approached the case, in any event, on the basis that Clavey Legal owed duties in tort and contract 'to exercise professional, skill, care and diligence',[71] and on the assumption that the provisions of the PCR applied to Clavey Legal's conduct in relation to the termination of the retainer.[72]

(a) the judge's acceptance of Mr Clavey's evidence that at the meeting on 8 March 2010, he was not given, and did not accept, instructions 'to take over' the application concerning the DOCA which, his Honour observed, involved different parties and in relation to which Mr and Ms Frigger had another solicitor, Mr Stokes, acting for them;[73] and

(b) the judge's rejection of Ms Frigger's evidence to the contrary.[74]

125 In relation to the rejection of Ms Frigger's evidence, the judge said:[75]

Mrs Frigger said in her evidence that on 8 March 2010 she gave Mr Clavey instructions to progress the termination of the DOCA, and that he accepted those instructions. I reject her evidence. In particular that evidence:

(a) is inconsistent with the plaintiffs' pleaded case, which was that the DOCA instructions were accepted by the defendant on 12 March 2010 (the following Friday);

(b) the evidence is inconsistent with Mr Clavey's evidence; and

(c) the evidence is inconsistent with the contemporaneous note.

126 In relation to this ground, the appellants rely on that part of the appellants' schedule headed 'Ground Four - DOCA instructions'.[76] In that part of the schedule, the first exhibit referred to as being evidence that supports the appellants' ground of appeal is exhibit 1.115 (GB 204). It is a file note made by Ms Zohar after speaking with Ms Frigger by telephone at 3.30 pm on 30 March 2016. Insofar as it refers to the DOCA, it indicates that Ms Zohar thought that Mr Clavey would be arguing the DOCA matter on the same day as the stay application was heard, but she said that she did not know enough about that matter to answer Ms Frigger's questions. Ms Zohar also noted that Ms Frigger had said that she was 'very upset' because Mr Clavey had misled her.

127 In this part of the schedule, the appellants also rely on exhibits 1.63 (GB 48 - 50); 1.64 (GB 51 - 55); 1.65 (GB 56 - 57); 1.7 (GB 13 - 15); 1.74 (GB 82 - 83); 1.80 (GB 89 - 96); 1.83 (GB 97 - 98); 1.121 (GB 216); 1.123 (GB 217 - 219) and 5 (GB 591). Dealing with those documents in turn, the first (exhibit 1.63) is a file note of Mr Clavey dated 8 March 2010. The note refers to the proceedings already commenced by Mr and Ms Frigger to have the DOCA terminated. At one point, the note refers to 'current instructions', and records '[s]ubject to 471B advice, either bring stay application or proceed with application to vary or declare DOCA terminated'. This sentence in the note, albeit cryptically expressed, does not, on its face, record unconditional instructions for Clavey Legal to 'take over' the DOCA proceedings. Moreover, the judge had the benefit of hearing the evidence of Ms Frigger and Mr Clavey in relation to the meeting on 8 March 2010. His Honour also had evidence of, amongst other things, Ms Frigger's earlier instructions to the effect that Mr Stokes had been engaged to act in the DOCA proceedings, and Mr Clavey's letter dated 30 March 2010. That letter referred to a meeting on 24 March 2010 in which Mr Clavey recorded that Ms Frigger had said on 24 March 2010 that she had wanted him to attend 'in due course' to a number of matters, including assuming conduct of the proceedings to terminate the DOCA.[77] Such an instruction would have been unnecessary had Ms Frigger instructed Clavey Legal to take over the DOCA proceedings on 8 March 2010. Having regard to the principles of appellate restraint in overturning findings of fact in a context such as this, Mr Clavey's file note of 8 March 2010 does not demonstrate any error by the judge as alleged in ground 4. Nor, having regard to those principles, do the other documents assist the appellants.

128 The next document (exhibit 1.64) is a draft affidavit of Ms Frigger, made in March 2010, in connection with the opposition to wind up CAT. The draft affidavit does not assist the appellants.

129 The next document (exhibit 1.65) is an email from Ms Frigger to Mr Clavey dated 9 March 2010 attaching a draft letter prepared by Ms Frigger, apparently with the intention that Mr Clavey put it on his letterhead and send it to Hotchkin Hanly Lawyers, in relation to the DOCA. We were not referred to any document which suggested that Mr Clavey put Ms Frigger's draft letter into his firm's letter template and sent it to Hotchkin Hanly Lawyers.

130 The next document (exhibit 1.7) appears to be a copy of a Clavey Legal file note made by Mr Clavey and dated 23 February 2010. It includes observations on the law in relation to the winding up of a company in insolvency. As part of the chronology, the document refers to the DOCA. It does not suggest that Clavey Legal had instructions to 'take over' the DOCA proceedings.

131 The next document (exhibit 1.74) is an email chain dated 12 March 2010 between Mr Clavey and Ms Frigger. Mr Clavey in his email said there was an advantage in obtaining a stay of the Court of Appeal judgment if possible, and referred to PSA's position in connection with the fund created by the DOCA for CAT's taxed costs. He also said that he had arranged to inspect certain documents the next day. Ms Frigger's email reply was to the effect that he should not inspect the documents to which he referred. Exhibit 1.74 is of no assistance to the appellants in relation to ground 4.

132 The next document (exhibit 1.80) concerns email chains dated 15 March 2010. One email, from Mr Clavey to Ms Frigger, notes that she had asked him to expand his current instructions 'to consider the merits of [the] current DOCA challenge and the grounds upon which the DOCA challenge should be made' (emphasis added). It expressed a preliminary view about certain matters in that regard. Mr Clavey also referred to the need for Ms Frigger 'to confirm the extension of my existing cost agreement to cover the advice to be provided with respect to the DOCA in writing' (emphasis added). Again, however, the document on its face made no mention of Clavey Legal having 'taken over' the DOCA proceedings. Rather, Mr Clavey effectively agreed to give a second opinion on the DOCA challenge. The draft facsimile letters attached to the email stated that Clavey Legal had been instructed 'to provide advice' concerning the DOCA.

133 The next document (exhibit 1.83) is an email from Mr Clavey to Ms Frigger dated 16 March 2010, which referred, amongst other things, to the need for additional funds in order to '[p]rovide advice with respect to the DOCA proceedings and if needs be attend to any appearance required' (emphasis added). The letter included Mr Clavey's statement that 'I don't know how much will be incurred in relation to the DOCA, but I will need funds to do that work'. This sentence is inconsistent with the contention that Mr Clavey had already been instructed to take over the DOCA proceedings on 8 March 2010.

FRIGGER -v- CLAVEY LEGAL PTY LTD [No 3] [2016] WASCA 209 (30 November 2016)

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FRIGGER -v- CLAVEY LEGAL PTY LTD [No 3] [2016] WASCA 209 (30 November 2016)

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