Qin v Mossensons [2012] NSWSC 1581

Qin v Mossensons [2012] NSWSC 1581

There is no real and sensible possibility that HWL Ebsworth Lawyers, through Ms Waterhouse, possess confidential information of Shandong Australia relevant to the issues in the litigation; insufficient grounds exist to restrain HWLE from acting for the plaintiffs.

Jurisdiction
Australia
Judgment Date
05 December 2012
Procedural Posture
Application / Interlocutory
Outcome
Application dismissed with costs
Legal Topics
['solicitor Restraint' 'conflict of Interest' 'confidential Information' 'solicitor/client Relationship']
['practice and Procedure' 'equity'] ['solicitor Restraint' 'conflict of Interest' 'confidential Information' 'solicitor/client Relationship']

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Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 ['Whether solicitors for the plaintiffs should be restrained from continuing to act, due to alleged conflict or possession of confidential information' 'Whether HWL Ebsworth Lawyers had a solicitor/client relationship with Shandong Australia and resulting obligations of confidentiality' 'Whether there exists a real and sensible possibility that confidential information is or may be relevant to the matter']

Ratio Decidendi

There is no real and sensible possibility that HWL Ebsworth Lawyers, through Ms Waterhouse, possess confidential information of Shandong Australia relevant to the issues in the litigation; insufficient grounds exist to restrain HWLE from acting for the plaintiffs.

Court Disposition

Application dismissed with costs

Orders

  • ["Third defendant's notice of motion filed 11 October 2012 is dismissed with costs" 'Exhibits on the application are to be handed out']