Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mark Foys v TVSN [2000] FCA 1506 (TVSN v PricewaterhouseCoopers Legal)
LEGAL PRACTITIONERS – Prospectus issued by public company for subscription of shares – large firm of chartered accountants provide audited financial statements, which are incorporated in the prospectus and through a company controlled by such chartered accountants provide investigating accountant's report also for the purposes of the prospectus – public company becomes respondent to injunction proceedings by applicant claiming title to trade marks and otherwise alleging misleading and deceptive conduct in prospectus – applicant for injunction dismissed but dismissal becomes subject to appeal to Full Court – solicitors for original applicant merge with another firm of solicitors after the hearing of proceedings at first instance and before the hearing of the appeal – latter firm of solicitors have an association already with the large firm of chartered accountants – whether by virtue of pre-existing association between the large firm of chartered accountants with the firm of solicitors with whom the solicitors for the applicant had merged, and by virtue of the merged firm continuing to represent the applicant on the appeal, there had occurred a "changing of sides" who provided the audited financial statements – whether there was confidential information held by the large firm of chartered accountants in relation to which there was a risk of the same becoming held by the merged firm of solicitors. Legal Profession Act 1987 (NSW) s.486. National Mutual Holdings Pty Ltd v Sentry Corp (1989) 22 FCR 209. Murray v Macquarie Bank Ltd (1991) 33 FCR 46. Prince Jefri Bolkiah v KPMG [1999] 2 AC 222. Wan v McDonald (1991) 33 FCR 491. McVeigh v Linen House Pty Limited [1999] VSCA 138. World Medical Manufacturing Corp v Phillips Ormonde & Fitzpatrick [2000] VSC 196. Newman v Phillips Fox [1999] WASC 171. Re a Firm of Solicitors [1992] QB 959. Unioil International Pty Ltd v Deloitte Touche Tohmatsu (1997) 17 WAR 98. MARK FOYS PTY LIMITED v TVSN (PACIFIC) LIMITED (TVSN (PACIFIC) LIMITED v PRICEWATERHOUSECOOPERS LEGAL) N635 of 2000 CONTI J 25 OCTOBER 2000 SYDNEY
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