Zamattia v Zamattia [2019] NSWSC 1769

Supreme Court New South Wales

Medium Neutral Citation: Zamattia v Zamattia [2019] NSWSC 1769 Hearing dates: 10 December 2019 Decision date: 10 December 2019 Jurisdiction: Equity Before: Leeming JA Decision: The proceedings be stayed until such time as Mr Luitingh ceases to act for any of the parties. Catchwords: LEGAL PRACTITIONERS – stay of proceedings – two brothers were directors of a company and also trustees of a trust – company commenced proceedings against Sydney Water – security for costs ordered and provided – proceedings ultimately dismissed –separate proceedings brought by one brother against other for breach of trust – cross-summons seeking removal of plaintiff brother as trustee – counsel retained by company in Sydney Water proceedings took instructions from both directors in relation to security for costs and financial circumstances of company and the brothers – security for costs ultimately satisfied by funds lent by brothers' parents – distribution to repay parents challenged in pending proceedings – circumstances in which company provided other amounts to trustees in issue in pending proceedings – counsel formerly retained by company appeared for plaintiff brother – evidence unclear as to extent of his involvement in the litigation – whether counsel had received confidential information from defendant brother – whether proceedings should be stayed in exercise of inherent jurisdiction – whether any or all of counsel and solicitors for plaintiff could continue to act – evidence did not establish confidential information imparted to counsel – proceedings stayed pending counsel ceasing to act – no basis presently established for preventing other counsel and solicitors from acting for plaintiff Cases Cited: Kallinicos v Hunt (2005) 64 NSWLR 561; [2005] NSWSC 1181 Prince Jefri Bolkiah v KPMG (A Firm) [1999] 2 AC 222 Spincode Pty Ltd v Look Software Pty Ltd (2001) 4 VR 501; [2001] VSCA 248 Zamtech Truck Service Pty Ltd v Sydney Water Corporation [2017] NSWSC 768 Category: Procedural and other rulings Parties: Anthony Zamattia as trustee for the Zamattia Family Trust (Plaintiff, one of the cross-defendants) David Zamattia (First defendant/First cross-claimant) Samuel Zamattia (Second defendant/Second cross-claimant) Bruno Zamattia (Third defendant/Third cross-claimant) Carolina Zamattia (Fourth cross-claimant) Anita Zamattia (Cross-defendant) Anthony John Ciancio (Cross-defendant) Representation: Counsel: