Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mintel International Group Limited v Mintel (Australia) Pty Ltd
[2000] FCA 1410
LEGAL PRACTITIONERS– settlement of proceeding by terms of settlement, consent orders and undertakings – junior counsel for applicant retained five years earlier on behalf of respondent in unrelated litigation – alleged conversation five months earlier as to proposed retainer for present proceeding – whether settlement should be set aside – whether conflict of interest – whether unconscionable conduct – nature of alleged confidential information – acquisition of knowledge by counsel as to client's personal characteristics – "getting to know you"
WORDS AND PHRASES – "getting to know you"
Deputy Commissioner of Taxation v Chamberlain (1990) 26 FCR 221 at 230 applied Huddersfield Banking Co Ltd v Henry Lister & Son Ltd [1895] 2 Ch 273 applied Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 mentioned Ansell Rubber Co Pty Ltd v Allied Rubber Industries Pty Ltd [1967] VR 37 mentioned Coco v A N Clark (Engineers) Ltd [1969] RPC 41 at 47 mentioned Deta Nominees Pty Ltd v Viscount Plastic Products Pty Ltd [1979] VR 167 mentioned O'Brien v Komesaroff (1982) 150 CLR 310 at 325-326 mentioned Yunghanns and Ors v Elfic Ltd, Victorian Supreme Court, unreported, 3 July 1998 distinguished D & J Constructions Pty Ltd v Head (1987) 9 NSWLR 118 at 123 distinguished McVeigh & Anor v Linen House Pty Ltd & Ors, Victorian Court of Appeal, unreported, 3 September 1999 distinguished Wan v McDonald (1992) 33 FCR 491 at 512-513 distinguished MINTEL INTERNATIONAL GROUP LIMITED v MINTEL (AUSTRALIA) PTY LTD & ORS NO. V 185 OF 2000 HEEREY J 29 SEPTEMBER 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 185 of 2000
BETWEEN: MINTEL INTERNATIONAL GROUP LIMITED
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