Spotlight Pty Ltd v Maintek Roofing Pty Ltd & Ors [2017] NSWSC 165

Supreme Court New South Wales

Medium Neutral Citation: Spotlight Pty Ltd v Maintek Roofing Pty Ltd & Ors [2017] NSWSC 165 Hearing dates: 5 December 2016 Decision date: 03 March 2017 Jurisdiction: Common Law Before: N Adams J Decision: (1) Grant leave to the second cross-defendant to have separate legal representation from the solicitors and counsel appearing on behalf of the plaintiff in the principal proceedings in order to defend the second cross-claim. (2) Unless an application for a different order is made in writing to my Associate within seven days, costs of the motion are reserved. Catchwords: PRACTICE AND PROCEDURE – application for separate representation – where plaintiff as plaintiff has different interests from plaintiff as cross-defendant – difference between insurers as to pleading of set-off – order for separate representation to be made in rare circumstances – whether actual conflict required in order for grant of leave to have separate representation. Legislation Cited: Civil Procedure Act 2005 (NSW), s 90 Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rr 4, 11 Supreme Court Act 1970 (NSW), s 23 Cases Cited: AMP Capital Investors Pty Limited v Parson Brinkerhoff Australia Pty Limited; Retail Employees Superannuation Pty Limited v AMP Capital Investors Limited [2013] NSWSC 1633 Buses and 4WD Hire Pty Limited v Oz Snow Adventures Pty Limited [2016] NSWSC 1017 Carter & Ors v Marine Helicopters Ltd & Ors (1996) 9 ANZ Ins Cas 61-299 Dealer Support Services Pty Ltd v Motor Trades Association of Australia Ltd [2014] FCA 1065 Elphick v Westfield Shopping Centre Management Company Pty Ltd [2011] NSWCA 356 GPI Leisure v Herdsman Investments (No. 3) (1990) 20 NSWLR 15 Herbert v Badgery (1893) 14 LR (NSW) Eq 321 Konneh v New South Wales (No 2) (2013) NSWSC 390 Lewis v Daily Telegraph Ltd (No 2) [1964] 2 QB 601 Tindle v Ansett Transport Industries (1990) 21 NSWLR 492 UT (Aust) Pty Ltd v The Partners of Piper Alderman [2008] NSWSC 219 Texts Cited: P Taylor, Dr E Elms, M Meek SC, The Hon Justice G Bellew , Ritchie's Uniform Civil Procedure NSW (LexisNexis) Category: Procedural and other rulings Parties: Spotlight Pty Ltd (Plaintiff/Applicant/Cross-Defendant to the Second Cross-Claim) Maintek Roofing Pty Ltd (First Defendant) Maintek NSW Pty Ltd (Second Defendant) Fatseas Investments Pty Ltd (Third Defendant/Second Cross-Claimant) Robert & Marks Architects Pty Ltd (Fourth Defendant) AAI Limited t/as GIO (Fifth Defendant) Representation: Counsel: Mr J A Gracie (Plaintiff) Mr D S Weinberger (Applicant) Mr Carey (Third Defendant) Ms Y Bell (Fifth Defendant)