Annor v Howard [2023] NSWSC 1084

Supreme Court New South Wales

Medium Neutral Citation: Annor v Howard [2023] NSWSC 1084 Hearing dates: 11 August 2023 Date of orders: 8 September 2023 Decision date: 08 September 2023 Jurisdiction: Equity Before: Robb J Decision: The orders of the Court are: (1) Order that the notice of motion filed by the first defendant on 23 November 2022 be dismissed. (2) Order the first defendant to pay the plaintiff's costs of the notice of motion. Catchwords: OCCUPATIONS — legal practitioners — solicitors — application for order restraining respondent's solicitors from acting in proceedings — where respondent's solicitors engaged in contractual negotiations with third parties in relation to recording contract for applicant — where applicant contends that respondent's solicitors implicitly retained by him, and acted on his behalf — where no implicit retainer found — where factual matrix does not support finding that a fair-minded reasonably informed member of the public would perceive that justice was not seen to be done if respondent's solicitor permitted to continue acting Cases Cited: Ausmedic Australia Pty Ltd v Whiteley Medical Supplies Pty Ltd [2012] NSWSC 1270 Cleveland Investments Global Ltd v Evans [2010] NSWSC 567 Kallinicos v Hunt (2005) 64 NSWLR 561; [2005] NSWSC 1181 Michael Smith Real Estate Pty Ltd t/as Raine & Horne Marrickville v Chmait [2021] NSWSC 1160 Westpac Banking Corporation v Newey [2013] NSWSC 533 Category: Procedural rulings Parties: Daniel Annor (Plaintiff/Respondent) Charlton Kenneth Jeffrey Howard (First Defendant/Applicant) Sloane Marie Howard (Second Defendant) Representation: Counsel: M Kearney (Plaintiff/Respondent) AB Gotting (First Defendant/Applicant)