Chinese Australian Services Society Co-operative Limited v Helen Sham-Ho [2011] NSWSC 829

Chinese Australian Services Society Co-operative Limited v Helen Sham-Ho [2011] NSWSC 829

Mr Phair, as a former solicitor for the plaintiffs in closely connected proceedings, likely possessed confidential information relevant to the issues now in dispute. A fair-minded, reasonably informed member of the public would conclude that proper administration of justice required Mr Phair be prevented from acting for the defendants to protect the integrity of the judicial process.

Jurisdiction
Australia
Judgment Date
04 August 2011
Procedural Posture
Civil / Interlocutory Application
Outcome
Application granted. Proctor Phair Lawyers and Russell Phair are restrained from acting for the defendants and must pay the plaintiffs' costs of the application.
Legal Topics
['conflict of Interest' 'solicitors—disqualification From Acting' 'fiduciary Duty' 'confidentiality']
['civil Procedure'] ['conflict of Interest' 'solicitors—disqualification From Acting' 'fiduciary Duty' 'confidentiality']

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Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Whether Proctor Phair Lawyers and Russell Phair should be restrained from acting for the defendants on the ground of conflict of interest, breach of fiduciary duty, or confidentiality arising from their previous retainer by the plaintiffs.']

Ratio Decidendi

Mr Phair, as a former solicitor for the plaintiffs in closely connected proceedings, likely possessed confidential information relevant to the issues now in dispute. A fair-minded, reasonably informed member of the public would conclude that proper administration of justice required Mr Phair be prevented from acting for the defendants to protect the integrity of the judicial process.

Court Disposition

Application granted. Proctor Phair Lawyers and Russell Phair are restrained from acting for the defendants and must pay the plaintiffs' costs of the application.

Orders

  • ['Order that Proctor Phair Lawyers and Russell Phair cease to act as solicitors for the defendants in these proceedings.' "Order that Proctor Phair Lawyers and Russell Phair pay the plaintiffs' costs of this application."]