NSW Caselaw
New South Wales Supreme Court
CITATION : Nauru Phosphate Royalties Trust v Business Australia Capital Mortgage Andrew Hugh Jenner Wily v Nauru Phosphate Royalties Trust [2008] NSWSC 833
HEARING DATE(S) : 25 July 2008 JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 28 July 2008
DECISION : See paras [41] and [42] of the judgment.
CATCHWORDS : LEGAL PRACTITIONERS – solicitor for one party to litigation seeks to communicate material to another party – with intention to persuade other party to terminate retainer of its own solicitors and to settle – whether Court can restrain. COSTS – indemnity costs – whether appropriate to order.
LEGISLATION CITED : Legal Profession Act 2004
CATEGORY : Consequential orders
CASES CITED : Harkianakis v Skalkos (1997) NSWLR 42 Oshlack v Richmond River Council (1998) 193 CLR 72
Nauru Phosphate Royalties Trust (receivers and managers appointed) (First Plaintiff) PARTIES : Business Australia Capital Mortgage Pty Limited (in liquidation) (First Defendant) Andrew Hugh Jenner Wily in his capacity as Liquidator of Business Australia Capital Finance Pty Limited (in liquidation) (First Plaintiff) Nauru Phosphate Royalties Trust (First Defendant)
FILE NUMBER(S) : SC 50096/07 ; 50135/07
R G Forster SC / P J Dowdy / C Spruce (Nauru parties) COUNSEL : T S Hale SC (Mr Wily) G T W Miller QC (Mr Nikolaidis)
SOLICITORS : Henry Davis York (Plaintiffs) M D Nikolaidis & Co (Nikolaidis)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
McDOUGALL J
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