Hutchins v Cap Coast Telecoms Pty Ltd (in liq), in the matter of Cap Coast Telecoms Pty Ltd (in liq) (No 2) [2015] FCA 946

FEDERAL COURT OF AUSTRALIA

Hutchins v Cap Coast Telecoms Pty Ltd (in liq), in the matter of Cap Coast Telecoms Pty Ltd (in liq) ACN 128 716 030 (No 2) [2015] FCA 946 Citation: Hutchins v Cap Coast Telecoms Pty Ltd (in liq), in the matter of Cap Coast Telecoms Pty Ltd (in liq) ACN 128 716 030 (No 2) [2015] FCA 946

Parties: MARK RAYMOND HUTCHINS and ROBERT JOHN KITE v CAP COAST TELECOMS PTY LTD (IN LIQUIDATION) ACN 128 716 030

File number: NSD 420 of 2015

Judge: GLEESON J

Date of judgment: 27 August 2015

Catchwords: PRACTICE AND PROCEDURE – whether lawyers should be restrained from acting for plaintiffs – whether a fair minded, reasonably informed member of the public would conclude that the proper administration of justice requires that the solicitors should be prevented from acting – where firm's solicitor inspected documents over which legal professional privilege was claimed – where no real risk of misuse of information – where no obvious legitimate advantage to applicant in restraining lawyers from acting – order sought would be inconsistent with proper administration of justice

Cases cited: Black v Taylor [1993] 3 NZLR 403 Dealer Support Services Pty Ltd v Motor Trades Association of Australia Ltd [2014] FCA 1065; (2014) 228 FCR 252 Expense Reduction Analysis Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46; (2013) 250 CLR 303 Grimwade v Meagher [1995] 1 VR 446 GT Corporation Pty Ltd v Amare Safety Pty Ltd [2007] VSC 123 Kallinicos v Hunt [2005] NSWSC 1181; (2005) 64 NSWLR 561 Kingston v State Fire Commission (1998) 8 Tas R 152 Western Australia v Ward (1997) 76 FCR 492