Chinese Australian Services Society Co-operative Limited v Helen Sham-Ho [2011] NSWSC 829

Supreme Court New South Wales

Medium Neutral Citation: Chinese Australian Services Society Co-operative Limited v Helen Sham-Ho [2011] NSWSC 829 Hearing dates: 2 August 2011 Decision date: 04 August 2011 Before: Harrison AsJ Decision: (1) Order that Proctor Phair Lawyers and Russell Phair cease to act as solicitors for the defendants in these proceedings. (2) Order that Proctor Phair Lawyers and Russell Phair pay the plaintiffs' costs of this application. Catchwords: PROCEDURE - civil - interlocutory issues - application to restrain a solicitor from acting for defendant is sought by a former client of the solicitor on grounds of conflict of interest or breach of fiduciary duty or confidentiality. Cases Cited: Kallinicos v Hunt [2005] NSWSC 1181 Luong v Chinese Australian Services Society Co-operative Limited [2008] NSWSC 71 Category: Procedural and other rulings Parties: Chinese Australian Services Society Co-operative Limited - First Plaintiff Henry Pan - Second Plaintiff Helen Sham-Ho - First Defendant Andrew Lau - Second Defendant Theresa Kwong - Third Defendant Simon Ho - Fourth Defendant Joseph Leung - Fifth Defendant Representation: J Levick - Plaintiffs Australegal - Plaintiffs Proctor Phair Lawyers - Defendants File Number(s): 2011/120802

Judgment 1HER HONOUR : By notice of motion filed 10 June 2011, the plaintiffs seek an order that Proctor Phair Lawyers and Mr Russell Phair cease acting against their former clients on the grounds of conflict of interest or a breach of fiduciary duties or confidentiality. He is currently acting for Mr Lay in these proceedings. These reasons are brief as these proceedings are listed for an imputation hearing very shortly. It is common ground that Mr Russell Phair acted for Mr Pan in earlier equity proceedings. 2The first plaintiff is Chinese Australian Services Society Co-operative Limited ("CASS"). CASS is a charitable non-profitable organisation receiving government funding to assist persons who are in need of help in the Chinese community. The second plaintiff is Henry Pan ("Mr Pan"). The first defendant is Helen Sham-Ho. The second defendant is Andrew Lau. The third defendant is Theresa Kwong. The fourth defendant is Simon Ho. The fifth defendant is Joseph Leung ("the defendants"). Mr Russell Phair acts for all of these defendants.