NSW Caselaw
New South Wales Supreme Court
CITATION : Paino v MDN Mortgages Pty Ltd [2009] NSWSC 898
HEARING DATE(S) : 24 August 2009
JUDGMENT DATE : 1 September 2009
JURISDICTION : Common Law
JUDGMENT OF : Simpson J
DECISION : (1) David Bruce Magney, solicitor, and the firm of Magney & Magney, be restrained from acting on behalf of the first defendant. (2) Parties to address on the question of costs.
CATCHWORDS : PROFESSIONS AND TRADES – lawyers – application to restrain solicitor from acting for client in which a financial interest is held – solicitor likely to be material witness – solicitor's evidence and/or conduct likely to be scrutinised – test to be applied to restrain solicitor from acting – interests of justice – order to restrain solicitor from acting for client made
Civil Procedure Act 2005 LEGISLATION CITED : Consumer Credit (NSW) Act 1995 Consumer Credit (NSW) Code
CATEGORY : Procedural and other rulings
Kallinicos v Hunt [2005] NSWSC 1181; (2005) 64 NSWLR 561 CASES CITED : Mitchell v Burrell [2008] NSWSC 772 Scallan v Scallan [2001] NSWSC 1078
Cecelia Maria Paino (Plaintiff) MDN Mortgages Pty Ltd (First Defendant) Sydney Lending Centre Pty Ltd (Second Defendant) PARTIES : Christopher Riotto (Third Defendant) Helen Youssef (Fourth Defendant) Paul Scara and Joseph Trimarchi trading as Scara Trimarchi Solicitors (Fifth Defendant) Joseph Trimarchi (Sixth Defendant)
FILE NUMBER(S) : SC 20413/2007
R Francois (Plaintiff) COUNSEL : S E Gray (First Defendant) N/A (Second - Sixth Defendants)
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