In the matter of The Consortium Centre Pty Limited [2012] NSWSC 898

Supreme Court New South Wales

Medium Neutral Citation: In the matter of The Consortium Centre Pty Limited [2012] NSWSC 898 Hearing dates: 19, 20 and 25 July 2012 Decision date: 10 August 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Interlocutory Process dated 2 March 2012 dismissed. Parties to be heard as to costs. Catchwords: LEGAL PRACTITIONERS - Application to restrain solicitor from acting in proceedings - Jurisdiction to restrain from acting - Inherent jurisdiction of Supreme Court to restrain legal practitioners from acting - Justice and the appearance of justice - Whether a fair minded and reasonably informed member of the public would conclude that the proper administration of justice requires that a solicitor be prevented from acting. Legislation Cited: - Corporations Act 2001 (Cth) ss 233, 459A Cases Cited: - Bahonko v Nurses Board of Victoria (No 3) [2007] FCA 491 - Bowen v Stott [2004] WASC 94 - Cleveland Investments Global Ltd v Evans [2010] NSWSC 567 - D & J Constructions Pty Limited v Head (1987) 9 NSWLR 118 - Geelong School Supplies Pty Ltd v Dean [2006] FCA 1404 - Holborow v Macdonald Rudder [2002] WASC 265 - Kallinicos v Hunt [2005] NSWSC 1181; (2005) 64 NSWLR 561 - Kooky Garments Ltd v Charlton [1994] 1 NZLR 587 - Mitchell v Burell [2008] NSWSC 772 - Mitchell v Pattern Holdings Pty Ltd [2000] NSWSC 1015 - Re Wombat Securities Pty Ltd [2011] NSWSC 1940 - TJ Board & Sons Pty Ltd v Castello [2008] VSC 91 - UTi (Aust) Pty Ltd v Partners of Piper Alderman [2008] NSWSC 219 - Woodgate v Leonard [2007] NSWSC 495 Category: Principal judgment Parties: The Consortium Centre Pty Limited (Plaintiff) Robert Anthony Keogh (First Defendant) Rewardweb Pty Limited (Second Defendant) Promotion Marketing Pty Limited (Third Defendant) Urma Pty Limited (Fourth Defendant) Course Logistics Services Pty Limited (Fifth Defendant) Robert Anthony Keogh (Applicant) Robinson Legal Pty Limited (First Respondent) Andrew Robinson (Second Respondent) Dominique Robinson (Third Respondent) Julie Briscoe (Fourth Respondent) Representation: Counsel: J. Ireland QC (First Defendant/Applicant) D.R. Pritchard SC (Respondents) Solicitors: D.C. Balog & Co (First Defendant/Applicant) Robinson Legal (Respondents) File Number(s): 11/268286