Gujarat NRE India Pty Ltd v Wollongong Coal Limited [2017] NSWSC 209

Supreme Court New South Wales

Medium Neutral Citation: Gujarat NRE India Pty Ltd v Wollongong Coal Limited [2017] NSWSC 209 Hearing dates: 2 March, 3 March 2017 Date of orders: 08 March 2017 Decision date: 08 March 2017 Jurisdiction: Equity Before: Slattery J Decision: In the circumstances the proper administration of justice does not require the solicitor to be prevented from acting. Motion dismissed with costs. Catchwords: LEGAL PRACTITIONERS - motion to restrain solicitor acting in litigation – main proceedings listed for hearing in less than two weeks after argument on the motion - solicitor had acted for two parties in the negotiation of a commercial agreement - the two parties were then in common ownership but are no longer – the commercial agreement being negotiated was also made with other parties - those parties are not parties to the current litigation - no current claim to rectify the commercial agreement - the main proceedings concern issues of construction of the commercial agreement and the implication of terms into the commercial agreement on various bases - conceded that the former common solicitor does not hold any confidential information that may be used against the applicant on the motion - whether in the exercise of the Court's inherent jurisdiction over its officers and to control its processes that the proper administration of justice requires that the solicitor should be prevented from continuing to act. Legislation Cited: Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 – Reg. 14

Uniform Civil Procedure Rules 2005, r 42.7. Cases Cited: Anson v Anson [1953] 1 QB 636 BP Refinery (Western Board) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Cleveland Investments Global Limited v Evans [2010] NSWSC 567 Electricity Generation Corporation v Woodside Energy Limited (2014) 251 CLR 640 In re A Debtor [1937] Ch 156 Israel v Foreshore Properties Pty Limited (in liq) (1980) 54 ALJR 421 Jazabas Pty Limited v Haddad [2006] NSWSC 880 Kallinicos v Hunt (2005) 64 NSWLR 561 Leicestershire County Council v Michael Faraday and Partners Ltd (1941) 2 KB 205 Maxwell-Smith v S & E Hall Pty Limited (2014) 86 NSWLR 481 Ollis v Lye & Anor [2016] NSWSC 1616 Simic v New South Wales and Housing Corporation [2016] HCA 47 Wentworth v De Montfort and Others (1988) 15 NSWLR 248 Category: Procedural and other rulings Parties: Applicant: Wollongong Coal Limited Respondent: Brian Gillard Representation: Counsel: