NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: William McCausland v Surfing International Holdings Pty Ltd & ors [2006] NSWIRComm 261
APPLICANT William McCausland
FIRST RESPONDENT Surfing Hardware International Holdings Pty Ltd (ACN 103 227 167)
SECOND RESPONDENT SHI Holdings Pty Ltd (ACN 103 227 167) PARTIES: THIRD RESPONDENT Surf Hardware International Pty Ltd (ACN 085 260 920)
FOURTH RESPONDENT Timothy Bosher
FIFTH RESPONDENT Timothy Ford
FILE NUMBER(S): 5174 of 2004
CORAM: Marks J
CATCHWORDS: Conflict of Interest: Respondents changed legal representatives during course of litigation - retained firm that applicant had previously discussed this matter with - different solicitor retained by respondent than applicant had briefed - applicant had always objected to the respondents retention of new firm. Law firm erected information barriers and quarantined solicitors notes. Held: Each case involving allegations of conflict of interest to be determined by reference to its own circumstances - necessary to consider tangible matters concerning the communication of confidential information and also intangible matters which attach to discussions between solicitors and persons who seek their advice with respect to the litigation process and the prospects of sucess in proceedings - applicants' motions granted.
LEGISLATION CITED: Industrial Relations Act 1996
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