Smith v New South Wales Crime Commission (No 2) [2024] NSWSC 1486

Smith v New South Wales Crime Commission (No 2) [2024] NSWSC 1486

On the evidence, Mr Smith conveyed confidential information to Mr Carroll during ongoing discussions about the claims against the fourth defendant. Maintaining confidentiality and the integrity of the judicial process requires that the fourth defendant be restrained from retaining Blackbay in these proceedings.

Parties
First Plaintiff: John Smith (a pseudonym); Second Plaintiff: Jane Smith (a pseudonym); First Defendant: New South Wales Crimes Commission; Second Defendant: Director of Public Prosecutions; Third Defendant: State of New South Wales; Fourth Defendant: Jane Doe
Jurisdiction
Australia
Judgment Date
22 November 2024
Procedural Posture
Procedural Ruling / Interlocutory Motion
Outcome
Orders made restraining fourth defendant from retaining Blackbay; fourth defendant to bear plaintiffs' costs, unless parties file written submissions within 14 days.
Legal Topics
Orders Restraining Solicitor, Confidential Information, Fiduciary Duties, Conflict of Interest, Admissibility of Hearsay Evidence
Civil Procedure Orders Restraining Solicitor Confidential Information Fiduciary Duties Conflict of Interest Admissibility of Hearsay Evidence

Case Brief

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Parties

John Smith (a pseudonym)

First Plaintiff

Jane Smith (a pseudonym)

Second Plaintiff

New South Wales Crimes Commission

First Defendant

Director of Public Prosecutions

Second Defendant

State of New South Wales

Third Defendant

Jane Doe

Fourth Defendant

Procedural Posture

Procedural Ruling / Interlocutory Motion

Legal Issues

  1. 1 Whether the fourth defendant should be restrained from retaining Blackbay to advise and represent her in the proceedings
  2. 2 Whether confidential information was provided by the plaintiff to the solicitor
  3. 3 Admissibility of second-hand hearsay evidence

Ratio Decidendi

On the evidence, Mr Smith conveyed confidential information to Mr Carroll during ongoing discussions about the claims against the fourth defendant. Maintaining confidentiality and the integrity of the judicial process requires that the fourth defendant be restrained from retaining Blackbay in these proceedings.

Court Disposition

Orders made restraining fourth defendant from retaining Blackbay; fourth defendant to bear plaintiffs' costs, unless parties file written submissions within 14 days.

Orders

  • The fourth defendant is restrained from retaining Blackbay to advise and represent her in the proceedings.
  • Unless the parties approach with short written submissions within 14 days, the fourth defendant is to bear the plaintiffs' costs of the motion, as agreed or assessed.