Shannon v Gadens Lawyers Sydney [2013] NSWSC 417

Supreme Court New South Wales

Medium Neutral Citation: Shannon v Gadens Lawyers Sydney [2013] NSWSC 417 Hearing dates: 22/04/2013 and 23/04/2013 Decision date: 23 April 2013 Jurisdiction: Equity Division Before: McDougall J Decision: Summons for preliminary discovery dismissed with costs against First to Third Defendants. Order that fourth defendant produce its files on payment to it of $30,000.00. Catchwords: DISCOVERY AND INTERROGATORIES - discovery - preliminary discovery - principles to be applied.

PRACTICE AND PROCEDURE - jurisdiction - inherent jurisdiction - officers and processes of the court - application to restrain barrister from acting or appearing against former client - principles to be applied. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Hatfield v TCN Channel Nine Pty Ltd [2010] (2010) 77 NSWLR 506 Kallinicos v Hunt (2005) 64 NSWLR 561 Prince Jefri Bolkiah v KPMG (a firm) [1999] 2 AC 222 Spincode Pty Ltd v Look Software Pty Ltd (2001) 4 VR 501 Category: Procedural and other rulings Parties: Geoffrey Anthony Shannon (First Plaintiff) C2C Developments Pty Ltd (Second Plaintiff) 33 Electra Pty Ltd (Third Plaintiff) Gadens Lawyers Sydney Pty Ltd (First Defendant) Peter Newton (Second Defendant) Commonwealth Bank of Australia Limited (Third Defendant) Crisp Pty Ltd (Fourth Defendant) Representation: Counsel: DMJ Bennett AC QC / G Slater (Plaintiff) CRC Newlinds SC / AC Kaufmann (First to Third Defendants) P Stokoe (Solicitor) (Fourth Defendant) Solicitors: Platinum Lawyers (Plaintiffs) Gadens (First, Second and Third Defendants) Crisp Legal (Fourth Defendants) File Number(s): 2013/112535