Perpetual Trustee Company Limited v Michael John Miller [2011] NSWSC 1406

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Limited v Michael John Miller [2011] NSWSC 1406 Hearing dates: 15/11/2011 Decision date: 23 November 2011 Before: Harrison AsJ Decision: (1)Mr Carroll cease acting as solicitor for Kevin Thomas Roberts and Roberts Lumley Pty Limited. (2)Costs are reserved. (3)The matter is listed for costs argument before Harrison AsJ on 5 December 2011 at 9.30 am. Catchwords: PRACTICE AND PROCEDURE - application for order that solicitor cease to act - likelihood that solicitor will be called to give evidence in proceedings on contentious issues - conduct and reputation of solicitor will be in issue at trial - order made Legislation Cited: Revised Professional Conduct and Practice Rules 1995 (Solicitors' Rules) Cases Cited: Kallinicos v Hunt [2005] NSWSC 1181; (2005) 64 NSWLR 561 Mitchell v Burrell [2008] NSWSC 772 Category: Procedural and other rulings Parties: Perpetual Trustee Company Limited (First Plaintiff) Challenger Managed Investments Limited (Second Plaintiff) Michael John Miller (Defendant/Cross Claimant) Kevin Thomas Roberts (First Cross Defendant) Roberts Lumley Pty Limited (Second Cross Defendant) Representation: P Dowdy (Plaintiffs) J van Aalst (Defendant/Cross Claimant) L Fermanis (First & Second Cross Defendants) Norton Rose Australia (Plaintiffs) John Hertz & Associates (Defendant/Cross Claimant) Carrolls Lawyers (First & Second Cross Defendants) File Number(s): 2009/296733