Fakhrabadi and Ashrafinia [2011] NSWSC 697

Fakhrabadi and Ashrafinia [2011] NSWSC 697

Mr George had previously acted for Mohammad in 2006 proceedings, had numerous conferences with him, and must have discussed family financial arrangements, the restaurant investment and the Marsfield property. Those matters were potentially relevant to the present proceedings, and Mohammad's unchallenged evidence supported an inference that confidential information and forensic impressions had been disclosed. Even though Mr George did not presently recall the details and his integrity was not impugned, there was a real risk that subconsciously retained information, impressions or value judgments could be revived and used to Mohammad's forensic disadvantage. Mr George was therefore...

Jurisdiction
Australia
Judgment Date
06 July 2011
Procedural Posture
Notice of Motion to Restrain Legal Practitioners From Acting and Disclosing Confidential Information / Interlocutory Application in Equity Division Proceedings
Outcome
Application granted in part: Mr George was restrained from further acting for the plaintiff; the application against the plaintiff's solicitors was dismissed; the motion was otherwise dismissed; Parvaneh was ordered to pay 75% of Mohammad's costs of the motion as agreed or taxed.
Legal Topics
['application to Restrain Legal Practitioner From Acting' 'confidential Information of Former Client' 'inherent Jurisdiction to Control Officers of the Court' 'fair Hearing and Administration of Justice']
['equity' 'civil Procedure' 'legal Profession'] ['application to Restrain Legal Practitioner From Acting' 'confidential Information of Former Client' 'inherent Jurisdiction to Control Officers of the Court' 'fair Hearing and Administration of Justice']

Case Brief

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Procedural Posture

Notice of Motion to Restrain Legal Practitioners From Acting and Disclosing Confidential Information / Interlocutory Application in Equity Division Proceedings

Legal Issues

  1. 1 ['Whether Mr Gregory George of counsel should be restrained from acting for the plaintiff because he had previously acted for Mohammad Reza Ashrafinia in 2006 proceedings and may have received confidential information relevant to the present proceedings.' "Whether the plaintiff's current solicitors should also be restrained from acting or disclosing confidential information." 'Whether, apart from protection of confidence, the Court should exercise its inherent jurisdiction to restrain counsel from acting.']

Ratio Decidendi

Mr George had previously acted for Mohammad in 2006 proceedings, had numerous conferences with him, and must have discussed family financial arrangements, the restaurant investment and the Marsfield property. Those matters were potentially relevant to the present proceedings, and Mohammad's unchallenged evidence supported an inference that confidential information and forensic impressions had been disclosed. Even though Mr George did not presently recall the details and his integrity was not impugned, there was a real risk that subconsciously retained information, impressions or value judgments could be revived and used to Mohammad's forensic disadvantage. Mr George was therefore...

Court Disposition

Application granted in part: Mr George was restrained from further acting for the plaintiff; the application against the plaintiff's solicitors was dismissed; the motion was otherwise dismissed; Parvaneh was ordered to pay 75% of Mohammad's costs of the motion as agreed or taxed.

Orders

  • ['Counsel be restrained from further acting for the plaintiff in these proceedings.' 'The motion is otherwise dismissed.' "Parvaneh is to pay 75% of Mohammad's costs of the motion as agreed or taxed."]