NSW Caselaw
New South Wales Supreme Court
CITATION : Woodgate v Leonard [2007] NSWSC 495
HEARING DATE(S) : 27/04/07
JUDGMENT DATE : 17 May 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Undertaking noted and accepted. Interlocutory process dismissed with costs.
CATCHWORDS : LEGAL PRACTITIONERS - application to restrain legal practitioner from acting - relevant legal principles - where solicitor intends to act for several clients at liquidator's examinations - undertaking by solicitor not to act at examinations - where solicitor also intends to act on applications for setting aside of orders for production of documents - no specific or concrete allegation of breach of legal duty - perception of needs of due and proper administration of justice
LEGISLATION CITED : Corporations Act 2001 (Cth), Part 5.9 Legal Profession Act 2004
Bahonko v Nurses Board of Victoria [2007] FCA 491 Geelong School Supplies Pty Ltd v Dean [2006] FCA 1404 CASES CITED : Grimwade v Meagher (1995) 1 VR 446 Kallinicos v Hunt (2005) 64 NSWLR 561 R v Khazaal [2006] NSWSC 1353
Giles Geoffrey Woodgate as liquidator of MGB Chadd Pty Limited, HBABPL Pty Limited, Murlform Pty Limited and BNS Engineering Company Pty Limited - Applicant PARTIES : Michael Leonard - First Respondent Leonard Legal Pty Ltd - Second Respondent
FILE NUMBER(S) : SC 2641/06
COUNSEL : Mr J.T. Johnson - Applicant Mr C.R.C. Newlinds SC/Mr D.A. Allen - First and Second Respondents
SOLICITORS : Sally Nash & Co - Applicant Leonard Legal - First and Second Respondents
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