NSW Caselaw
Reported Decision : [2000] 35 ACSR 673
New South Wales Supreme Court
CITATION : Colonial Portfolio v Nissen [2000] NSWSC 1047 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50083/2000 HEARING DATE(S) : 25/10/00, 31/10/00 Mention 10/11/00 JUDGMENT DATE : 7 November 2000
Colonial Portfolio Services Limited - First Plaintiff The Colonial Mutual Life Assurance Society Limited - Second Plaintiff PARTIES : Richard Bruce Nissen - First Defendant Paul Mervyn Meldrum - Second Defendant Mallesons Stephen Jaques - Respondent JUDGMENT OF : Rolfe J
Mr D.P. Robinson - Plaintiffs COUNSEL : Mr J.W. Stevenson - First and Second Defendants Mr F.M. Douglas QC/Ms K. Rees - Mallesons Stephen Jaques L.E. Taylor - Plaintiffs SOLICITORS : Allen Allen & Hemsley - First and Second Defendants Mallesons Stephen Jaques - Respondent CATCHWORDS : Refer attached LEGISLATION CITED : Fair Trading Act The Corporations Law CASES CITED : Refer attached DECISION : Notice of Motion filed 12 September 2000 dismissed.
Application to restrain solicitors from acting against former clients on the basis that there was a risk that confidential information furnished to the solicitors would be used inadvertently against former clients.
Application refused. Applicable test for determination of such issues considered. Discretionary defences considered.
Applicable Test: Rakusen v Ellis, Monday and Clark [1912] 1 Ch 831 D & J Constructions Pty Limited v Head & Ors trading as Clayton Utz (1987) 9 NSWLR 118 Mallesons Stephen Jaques v KPMG Peat Marwick & Ors (1991) 4 WAR 357 Farrow Mortgage Services Pty Limited (In Liquidation) v Mendall Properties Pty Limited & Ors [1995] 1 VR 1 Prince Jefri Bolkiah v KPMG (A Firm) [1999] 2 AC 222 Newman v Phillips Fox (1999) 21 WAR 309 Pradhan v Eastside Day Surgery Pty Limited - Supreme Court of South Australia - Full Court - 18 June 1999 World Manufacturing Corporation v Phillips Ormond & Fitzpatrick Lawyers (A Firm) & Anor - Supreme Court of Victoria - Gillard J - 18 May 2000
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