State of New South Wales v John Marshall Fisher & Ors [2005] NSWSC 1315

New South Wales Supreme Court

CITATION : State of New South Wales v John Marshall Fisher & Ors [2005] NSWSC 1315

HEARING DATE(S) : 4,5,6,7 October 2005

JUDGMENT DATE : 15 December 2005

JUDGMENT OF : Patten AJ at 1

DECISION : See paragraph 75

Astley v Anti Trust Ltd (1999) 196 CLR CASES CITED : Geoffrey W Hill & Associates etc v Squash Centre etc. (1990) 6 ANZ Insurance Case 61-012 Hungerfords v Walker (1989) 63 ALJR

State of New South Wales - Plaintiff John Marshall Fisher - Frist Defendant PARTIES : Keith Arthur Bagley - Second Defendant Mathew John Fisher - Third Defendant

FILE NUMBER(S) : SC 20938 of 1997

Mr G Lindsay SC with Mr R Dalgleish - Plaintiff COUNSEL : Mr J Stevenson SC with Mr E Muston - Defendants

Crown Solicitor - Plaintiff SOLICITORS : Henry Davis York - Defendants

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Patten AJ

15 December 2005

No 20938 of 1997 State of New South Wales v John Marshall Fisher & Ors.

JUDGMENT 1 This is an action by the State of NSW in right of the Department of Corrective Services (the Department) against a firm of solicitors. 2 In 1991, it became the policy of the Department to "entice private sector business to use prison inmates labour and set up businesses within prison walls". A variety of businesses were considered for this purpose, including the manufacture of bread and bakery products within the gaol at Long Bay. 3 The Department decided to use the services of solicitors in private practice in connection with the project. The Defendants were chosen, at least partly, upon the basis of their brochure, two sections of which read: "ABILITY The partners of Thurlow Fisher are respected for their professional legal skills and experience in areas such as commerce, management, personnel and finance. They are a well-rounded team of professionals.