El-Cheikh v Miraki [2017] NSWSC 1765

El-Cheikh v Miraki [2017] NSWSC 1765

The plaintiff's solicitor was restrained from acting further because he solicited and received confidential information from the defendants' former solicitor regarding matters at the heart of the dispute, without authority. The integrity of the court process and public confidence required the restraint.

Jurisdiction
Australia
Judgment Date
13 December 2017
Procedural Posture
Application / Interlocutory Application for Restraint Order
Outcome
Plaintiffs' solicitor restrained from acting further for them in these proceedings; ancillary orders made for return and destruction of documents; plaintiffs to pay the defendants’ costs.
Legal Topics
['restraint of Solicitor' 'confidentiality' 'legal Professional Privilege']
['equity' 'civil Procedure'] ['restraint of Solicitor' 'confidentiality' 'legal Professional Privilege']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application / Interlocutory Application for Restraint Order

Legal Issues

  1. 1 ["Whether plaintiff's solicitor should be restrained from acting due to receiving confidential or privileged information from defendants' former solicitor"]

Ratio Decidendi

The plaintiff's solicitor was restrained from acting further because he solicited and received confidential information from the defendants' former solicitor regarding matters at the heart of the dispute, without authority. The integrity of the court process and public confidence required the restraint.

Court Disposition

Plaintiffs' solicitor restrained from acting further for them in these proceedings; ancillary orders made for return and destruction of documents; plaintiffs to pay the defendants’ costs.

Orders

  • ["Plaintiff's solicitor, Mr Di Mauro, restrained from acting further for the plaintiffs in these proceedings." 'Ancillary relief granted for return and destruction of relevant documents and copies.' 'Plaintiffs to pay the defendants’ costs of the notice of motion.']