NSW Caselaw
New South Wales Supreme Court
CITATION : Worth Recycling Pty Limited v Waste Recycling and Processing Pty Limited [2009] NSWSC 356
HEARING DATE(S) : 1/05/09
JUDGMENT DATE : 5 May 2009
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
DECISION : Reasons given for particular solicitor to remove himself completely from being involved with any aspect of current litigation. Parties to liaise in attempt to reach an accommodation to permit plaintiff's firm of solicitors to continue to act.
CATCHWORDS : Legal practitioners - Plaintiff's solicitors retained by other parties against defendant in proceedings which settled following mediation - Plaintiff's solicitors then approached to act for other clients against same defendant - New proceedings contain virtually identical pleadings to those mobilised in the earlier proceedings - Application by defendant to restrain plaintiff's solicitors from acting for plaintiff in the new proceedings - Various grounds on which order may be made - Whether any ground made out - Threatened breach of duty of confidence in relation to information disclosed during course of mediation and in relation to information disclosed via confidential Deed of Release - Courts inherent jurisdiction to control solicitors to prevent the integrity of the judicial process and the due administration of justice - Threatened breach of implied Harman undertakings to the Court
LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Trade Practices Act 1974 (Cth)
CATEGORY : Procedural and other rulings
Asia Pacific Telecommunications Limited v Optus Networks Pty Limited [2007] NSWSC 350 AWA Ltd v Daniels (1992) 7 ACSR 463 Black v Taylor [1993] 3 NZLR 403 CASES CITED : Carter Holt Harvey Forests Ltd v Sunnex Logging Ltd [2001] 3 NZLR 343 Mitchell v Pattern Holdings Pty Limited [2000] NSWSC 1015 Tricontinental Corporation Pty Limited v Holding Redlich (Supreme Court of Victoria, Mandie J, 22 December 1994, unreported) Williamson v Schmidt [1998] 2 Qd R 317
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