Trade Practices Commission v. CC (New South Wales) P/L & Ors [1994] FCA 695

JUDGMENT NO. samo EPS IAL..

CATCHWORDS

TRADE PRACTICES - indemnity against legal proceedings given by Trade Practices Commission to applicant conditional upon full and frank statement being given - application for stay of proceedings to which applicant was respondent and judicial review of decision to commence those proceedings - whether indemnity invalidated by applicant's insistence upon representation by solicitor who also _ represented other respondents to those proceedings or by applicant failing to be full and frank in interview or by applicant's refusal to attend interview conducted by senior counsel retained by Commission.

CONTRACT - implied terms - whether implied term in indemnity that applicant not be represented by solicitor who also represented other interests.

LEGAL PRACTITIONERS - conflict of interest - need for informed consent.

TRADE PRACTICES ACT 1974 (Cth): 8.155. TRADE PRACTICES COMMISSION v NEW H PTY LIMITED & ORS AND PETER WOOLLARD v TRADE PRACTICE MMISSTON

Nos NG 574 of 1994 and NG 613 of 1994

HILL J SYDNEY 29 SEP 1994 28 SEPTEMBER 1994 FEDERAL COURT OF

AUSTRALIA PRINCIPAL

H COURT OF AU! A

wwe www

TH WALES T REGISTRY GENERAL DIVISION No NG 574 of 1994 TWEEN: TRADE PRACTICES COMMISSION Applicant

AND: cc S' WALES) PTY LIM

former] as CONC

CONSTRUC SW) PTY LIMI

First Respondent

PETER WOOLLARD Second Respondent

HOLLAND STOLTE PTY LIMITED Third Respondent

GRAHAM RONALD DUFF Fourth Respondent

TIPLEX CONSTRUC LIMITED

Fifth Respondent

S_PALMER Sixth Respondent

LEIGHTON CONTRACTORS PTY LIMITED

Seventh Respondent

LEONARD DIXON Eighth Respondent

THE AUSTRALIAN FEDERATION OF

CONSTRUCTION CONTRACTORS Ninth Respondent

RUSSE ORMAL RICHMOND Tenth Respondent

No NG 613 of 1994 BETWEEN: PETER WOOLLARD Applicant AND: TRADE PRAC S_ COMMIS Respondent CORAM: HILL J PLACE: SYDNEY

28 SEPTEMBER 1994

DERAL C F_ AUSTRALIA