Federal Court of Australia
Federal Court of Australia
Sacca v El Saafin [2021] FCA 383 File number: VID 1439 of 2018
Judgment of: ANASTASSIOU J
Date of judgment: 20 April 2021
Catchwords: LEGAL PRACTITIONERS – application to restrain solicitor from acting against former client – whether duty of loyalty owed by solicitor to former client – whether proper administration of justice requires solicitor be restrained –where there were several opportunities to bring restraint application but application only filed in days before trial scheduled to commence – application dismissed
Cases cited: ACN 092 675 164 Pty Ltd (in liq) v Suckling [2018] VSC 620; 56 VR 448 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Colonial Portfolio Services Ltd v Nissen [2000] NSWSC 1047; 35 ACSR 673 Dealer Support Services Pty Ltd v Motor Trades Association Australia Limited [2014] FCA 1065; 228 FCR 252 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; 230 CLR 89 Farrow Mortgages Services Pty Ltd (in liquidation) v Mendall Properties Pty Ltd [1995] 1 VR 1 Frigger v Kitay (No 10) [2016] WASC 63 Grimwade v Meagher [1995] 1 VR 446 H Stanke & Sons Pty Ltd v Von Stanke [2006] SASC 308; 95 SASR 425 Kallinicos v Hunt [2005] NSWSC 1181; 64 NSWLR 561 Nash v Timbercorp Finance Pty Ltd (in liq), in the matter of the bankrupt estate of Nash [2019] FCA 957; 137 ACSR 189 Prince Jefri Bolkiah v KPMG (a firm) [1999] 2 AC 222 Re IPM Group Pty [2015] NSWSC 240 Spincode Pty Ltd v Look Software Pty Ltd [2001] VSCA 248; 4 VR 501 Turner v Turner [2018] NSWSC 1140 Yunghanns v Elfic Ltd (formerly known as Elders Finance & Investment Co Ltd) (unreported, Supreme Court of Victoria, Gillard J, 3 July 1998)
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