Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wainter Pty Ltd, in the matter of New Tel Limited (in liq) [2006] FCA 656
EQUITY – interlocutory injunction – serious issue to be tried whether law firm has interest affecting its independence not made out – balance of convenience not favouring grant of injunctive relief CORPORATIONS – examinations – examinee a partner in law firm – application for interlocutory injunction restraining examinee's solicitors from acting –– solicitors volunteering and making discovery of documents in their possession, custody or control – possible future claim by plaintiff against solicitors as yet unformulated – possible future claims by plaintiff of failure by solicitors to make full disclosure – plaintiff's concern that examinee not answerable in respect of law firm's documents – scope of subpoena in issue between the parties absence of pleadings delineating any interest of solicitors – conflicting interest not established Held: law firm has no interest in proceeding creating conflict with client or litigation Corporations Act 2001 (Cth) ss 596A, 596B
Afkos Industries Pty Ltd v Pullinger Stewart (a firm) [2001] WASCA 372 Air Pacific Ltd v Transport Workers' Union of Australia (1993) 40 FCR 1 Clay v Karlson (1996) 17 WAR 493 Dorajay Pty Limited v Aristocrat Leisure Limited [2006] FCA 335 Kooky Garments Ltd v Charlton [1994] 1 NZLR 587 Pegasus Gold Australia Pty Ltd v Kilborn Engineering Pacific Pty Ltd (2000) 33 ACSR 752 Re New Tel Ltd (in liq); Evans v Wainter (2005) 145 FCR 176 Rochfort v Trade Practices Commission (1982) 153 CLR 134 IN THE MATTER OF NEW TEL LIMITED (IN LIQUIDATION) THE APPLICATION OF WAINTER PTY LTD WAD 35 of 2004 NICHOLSON J 29 MAY 2006 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 35 OF 2004
IN THE MATTER OF NEW TEL LIMITED (IN LIQUIDATION)
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