In the matter of Edgecliff Car Rentals Pty Ltd (deregistered) [2017] NSWSC 244

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Edgecliff Car Rentals Pty Ltd (deregistered) [2017] NSWSC 244 Hearing dates: 13 March 2017 Decision date: 15 March 2017 Jurisdiction: Equity - Corporations List Before: Stevenson J Decision: Solicitor to be restrained from acting for plaintiffs Catchwords: LEGAL PRACTITIONERS – whether solicitor on record should be restrained from acting for plaintiffs – whether solicitor in possession of confidential information of the defendants – solicitor's knowledge of defendants' litigious character and tendencies – whether fair-minded reasonably informed member of community would regard proper administration of justice as requiring solicitor to be prevented from acting Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Byrne v Production Magic Pty Ltd [2012] ACTSC 6 Cleveland Investments Global Ltd v Evans [2010] NSWSC 567 In the matter of IPM Group Pty Ltd [2015] NSWSC 240 Kallinicos v Hunt (2005) 64 NSWLR 561; NSWSC 1181 Spincode Pty Ltd v Look Software Pty Ltd (2001) 4 VR 501; VSCA 248 Category: Procedural and other rulings Parties: Edgecliff Car Rentals Pty Ltd (deregistered) (First Plaintiff) City Motor Transport Group Services (deregistered) (Second Plaintiff) Polina Kushnir (Third Plaintiff) City Motor Transport Pty Limited (First Defendant) Auswide Car Rentals Pty Limited (Second Defendant) Dovira Pty Limited (Third Defendant) Australian Securities and Investments Commission (Fourth Defendant) Eugene Shaw (Fifth Defendant) Angela Shaw (Sixth Defendant) Representation: Counsel: M Oakes SC (Plaintiffs/Respondents) J Emmett (First to Third and Fifth to Sixth Defendants/Applicants)