Cleveland Investments Global Ltd v Evans [2010] NSWSC 567

New South Wales Supreme Court

CITATION : Cleveland Investments Global Ltd v Evans [2010] NSWSC 567

HEARING DATE(S) : 14 and 25 May 2010

JUDGMENT DATE : 1 June 2010

JURISDICTION : Equity

JUDGMENT OF : Ward J

DECISION : Defendant solicitor be restrained from acting in proceedings

CATCHWORDS : LEGAL PRACTITIONERS - application to restrain solicitor from acting against former client based on court's inherent jurisdiction over solicitors - principles upon which a solicitor will be restrained from acting against a former client - solicitor previously acted for company and received instructions from sole director - director removed from company and solicitor's retainer terminated - solicitor then commenced to act for former director against company in respect of same claim as that to which solicitor had previously acted for company - HELD - a fair-minded, reasonably informed member of the public would conclude that the proper administration of justice required that the solicitor be prevented from so acting - solicitor restrained from acting against former client

LEGISLATION CITED : Revised Professional Conduct and Practice Rules 1995 (NSW)

A v The Law Society of Tasmania [2001] TASSC 55; (2001) 10 Tas R 152 Asia Pacific Telecommunications Ltd v Optus Networks Pty Ltd [2005] NSWSC 550 Beach Petroleum NL v Kennedy [1999] NSWCA 408; (1999) 48 NSWLR 1 Belan v Casey [2002] NSWSC 58 Black v Taylor [1993] 3 NZLR 403 Bowen v Stott [2004] WASC 94 British American Tobacco Australia Services Ltd v Blanch [2004] NSWSC 70 Carindale Country Club Estate Pty Ltd v Astill (1993) 42 FCR 307; (1993) 115 ALR 112 D & J Constructions Pty Ltd v Head & Ors t/as Clayton Utz (1987) 9 NSWLR 118 Everingham v Ontario (1992) 88 DLR (4th) 755 Fordham v Legal Practitioners' Complaints Committee (1997) 18 WAR 467 Geelong School Supplies Pty Ltd v Dean [2006] FCA 1404 CASES CITED : Grimwade v Meagher [1995] 1 VR 446 Holborrow v Macdonald Rudder [2002] WASC 265 Ismail-Zai v the State of Western Australia [2007] WASCA 150 Kallinicos v Hunt [2005] NSWSC 1181; (2005) 64 NSWLR 561 McVeigh v Linen House Pty Ltd [1999] VSCA 138; [1999] 3 VR 394 Newman v Phillips Fox (a firm) [1999] WASC 171; (1999) 21 WAR 309 PhotoCure ASA v Queen's University at Kingston [2002] FCA 905; (2002) 56 IPR 86 Pinnacle Living Pty Ltd v Elusive Image Pty Ltd [2006] VSC 202 Prince Jefri Bolkiah v KPMG (a firm) [1999] 2 AC 222; [1999] 1 All ER 517 Rakusen v Ellis Munday & Clarke [1912] 1 Ch 831 Sent v John Fairfax Publications Pty Ltd [2002] VSC 429 Spincode Pty Ltd v Look Software Pty Ltd [2001] VSCA 248; (2001) 4 VR 501 Wan v McDonald (1992) 33 FCR 491