One day, Dave is driving his car through the city when he is stopped by police. The police give Dave an infringement ticket for $495 for using a mobile phone while driving. Dave says that he could not have been using his mobile phone while driving. He argues that on the day of being issued the infringement ticket, his mobile phone was being repaired and that he did not have the phone in his possession.

The next day, Dave visits Peter, a lawyer, for advice on how to challenge the infringement ticket. During their discussion, and after reading the legislation, Peter says that Dave has up to 28 days from the incident to send a letter to the police explaining why the infringement ticket should be cancelled.

Relying on Peter's advice, Dave sends a letter to the police 21 days after the incident, stating that police had made a mistake in issuing the infringement ticket.

The following week, Dave receives a letter from the police stating Dave's letter could not be considered because it was not sent within 14 days as required by legislation and as stated on the infringement ticket.

Dave then finds out that Peter had referred to outdated legislation when giving Dave the legal advice and that the current legislation allows a 14 day time period for a response, not "28 days" as Peter had advised.

Advise Dave on whether he can sue Peter under Tort Law