Perpetual Trustee Company Limited v Michael John Miller [2011] NSWSC 1406

Perpetual Trustee Company Limited v Michael John Miller [2011] NSWSC 1406

Given that Mr Carroll is both likely to be called as a witness on contentious issues and that his conduct, integrity, and reputation will be in issue at trial, the interests of justice require that he be restrained from continuing to act for the cross defendants.

Jurisdiction
Australia
Judgment Date
23 November 2011
Procedural Posture
Application for Order Restraining Solicitor / Interlocutory Hearing and Determination
Outcome
Application granted for restraint of solicitor; costs reserved; listing for further costs argument.
Legal Topics
['solicitor Acting as Witness' 'conflict of Interest' 'restraint on Solicitors' 'possession of Land' 'mortgage Enforcement']
['practice and Procedure'] ['solicitor Acting as Witness' 'conflict of Interest' 'restraint on Solicitors' 'possession of Land' 'mortgage Enforcement']

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 for Order Restraining Solicitor / Interlocutory Hearing and Determination

Legal Issues

  1. 1 ['Whether solicitor should be restrained from acting where likely to be a material witness in proceedings' "Whether solicitor's conduct, integrity, and reputation will be in issue at trial"]

Ratio Decidendi

Given that Mr Carroll is both likely to be called as a witness on contentious issues and that his conduct, integrity, and reputation will be in issue at trial, the interests of justice require that he be restrained from continuing to act for the cross defendants.

Court Disposition

Application granted for restraint of solicitor; costs reserved; listing for further costs argument.

Orders

  • ['Mr Carroll cease acting as solicitor for Kevin Thomas Roberts and Roberts Lumley Pty Limited.' 'Costs are reserved.' 'The matter is listed before Harrison AsJ for costs argument on 5 December 2011 at 9.30 am.']