Incentive Dynamics Pty Ltd (in liq) & Anor v Robins, Douglas Robert McNeill & Ors [1997] FCA 671

FEDERAL COURT OF AUSTRALIA

LEGAL PRACTITIONERS - Solicitors - Confidential information - Communicated to solicitor while previously acting for company - Solicitor now acting for new clients including directors - Company in liquidation taking action against new clients - Company seeking to restrain solicitors from acting for new clients - Confidential information previously conveyed to solicitors by new clients on behalf of company - Confidential information can now be conveyed by new clients to solicitors free of any legal restraint concerning confidentiality - Information held by solicitors of impressions, beliefs, conclusions and observations - Whether information identified with sufficient precision to enable it to be found to be confidential - Mere fact that solicitor for new clients is to be called as witness for former client is not alone sufficient to grant injunction- Whether information disadvantageous to the applicants. Farrow Mortgage Services Pty Ltd (in liquidation) v Mendall Properties Pty Ltd & Ors (1995) 1 VR 1; Carindale Country Club Estate Pty Ltd v Astill & Ors (1993) 115 ALR 112; Chapman v Rogers; ex parte Chapman [1984] 1 Qd R 542; Yamaji v Westpac Banking Corporation (No 1) (1993) 115 ALR 235

INCENTIVE DYNAMICS PTY LTD (IN LIQUIDATION) & Anor v ROBINS & Ors NG 3043 of 1997 JUDGE(S): NORTH J PLACE: MELBOURNE DATE: 25 JULY 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) NG 3043 of 1997 ) GENERAL DIVISION )

IN THE MATTER OF INCENTIVE DYNAMICS PTY LIMITED (IN LIQUIDATION) (ACN 003 294 700) AND THE CORPORATION LAW INCENTIVE DYNAMICS PTY LIMITED (IN LIQUIDATION) (ACN 003 294 700) First applicant ROBERT WILLIAM MORTON in his capacity as Official Liquidator of Incentive Dynamics Pty Limited Second applicant DOUGLAS ROBERT McNEILL ROBINS First respondent JOHN HAIGH ROBINS Second respondent JONATHAN MICHAEL MEISSNER Third respondent JOHN D'ERSBY HUDSON Fourth respondent COLDWICK PTY LIMITED (ACN 053 673 395) Fifth respondent ROBINS HAIGH McNEILL PTY LIMITED (ACN 002 876 395) Sixth respondent PAGBY PTY LIMITED (ACN 005 203 136) Seventh respondent CHERYL ANN CHANG Eighth respondent