Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Manna Hill Mining Company Pty Ltd v Iles Selley Lawyers [2004] FCA 1175
PRACTICE AND PROCEDURE – solicitors – confidential information – conflict of interest – application for injunctive relief restraining respondent from acting – where respondent had previously acted for applicants. Yunghanns v Elfic Ltd (formerly known as Elders Finance and Investment Co Ltd) BC9803031 (Unreported, Supreme Court of Victoria, Gillard J, 3 July 1998) cited MANNA HILL MINING COMPANY PTY LTD (ACN 075 590 644) AND DAVID GERALD MOORE v ILES SELLEY LAWYERS SAD 822 of 2003 LANDER J 9 SEPTEMBER 2004 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 822 OF 2003
BETWEEN: MANNA HILL MINING COMPANY PTY LTD
(ACN 075 590 644)
FIRST APPLICANT
DAVID GERALD MOORE
SECOND APPLICANT
AND: ILES SELLEY LAWYERS
RESPONDENT JUDGE: LANDER J
DATE OF ORDER: 21 NOVEMBER 2003
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs certified fit for senior counsel. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 822 OF 2003
BETWEEN: MANNA HILL MINING COMPANY PTY LTD
(ACN 075 590 644)
FIRST APPLICANT
DAVID GERALD MOORE
SECOND APPLICANT
AND: ILES SELLEY LAWYERS
RESPONDENT JUDGE: LANDER J
DATE: 9 SEPTEMBER 2004
WHERE MADE: ADELAIDE
REASONS FOR JUDGMENT 1 On 21 November 2003 I dismissed an application for an injunction restraining the respondent, a firm of solicitors, Iles Selley Lawyers (Iles Selley), from continuing to act for the applicants in proceedings SAD 3004 of 2003 (Wilson v Manna Hill Mining Co Pty Ltd (the principal proceedings). The applicants in the principal proceedings were both directors of Manna Hill Mining Company Pty Ltd (Manna Hill Mining). The respondents in the principal proceedings are the two applicants in these proceedings, Mr Moore and Manna Hill Mining and a number of other parties who took no part in this application. The application, filed on 19 November 2003, sought the following relief: '1. Urgent injunctive relief against the First Respondent from acting on behalf of Mr Wayne Stephen Wilson and Ms Gayle Lawton in the Federal Court Action number S3004 of 2003.' 2 I heard the application on 21 November 2003 and made the following orders: '1. … 2. The application be dismissed. 3. The applicants pay the respondents' [sic] costs certified fit for senior counsel. 4. …' 3 The following are my reasons for making those orders. 4 The application was accompanied by an affidavit sworn on 19 November 2003 by Mr David Moore, a director of Manna Hill Mining. 5 The applicants claimed that Iles Selley was in a position of conflict in acting for the applicants in the principal proceedings. The conflict was said to arise because Iles Selley had previously represented Manna Hill Mining in proceedings in the Supreme Court of South Australia, Action Number 1032 of 2001. Iles Selley had also represented Manna Hill Resources Ltd (Manna Hill Resources), a company of which Mr Moore was also a director, in proceedings in the Supreme Court of South Australia, Action Number 292 of 2001.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate