National Australia Bank v Sayed (No. 10) [2018] NSWSC 108

National Australia Bank v Sayed (No. 10) [2018] NSWSC 108

The notice of motion was dismissed because Mr Sayed provided no evidence of negligence, unlawful conduct, waiver of privilege, material change of circumstances, or relevant subpoena purpose. The alleged conflict involving DibbsBarker was only theoretical, NAB did not perceive a conflict, there was no risk to Mr Sayed's confidences, the integrity of the judicial process would not be impaired by DibbsBarker continuing to act, the privileged and landlocking issues had already been decided, the application was late and unexplained, and the proposed subpoenas were unnecessary or amounted to fishing.

Jurisdiction
Australia
Judgment Date
15 February 2018
Procedural Posture
Notice of Motion in Cross Claim Concerning Possession Proceedings and Alleged Sale at Undervalue of Corrimal Property / Interlocutory Application Seeking Removal of Solicitors, Production of Unredacted Documents, Leave to Amend Cross Claim, and Leave to Issue Subpoenas
Outcome
Notice of motion dismissed with costs; further notices of motion prohibited without leave.
Legal Topics
["solicitors' Duties and Liabilities" "court's Supervisory Jurisdiction to Restrain Solicitors From Acting" 'conflict of Interest' 'client Legal Privilege' 'variation or Setting Aside of Interlocutory Orders' 'amendment of Pleadings' 'subpoenas' 'notices to Produce']
['professions and Trades' 'civil Procedure' 'evidence'] ["solicitors' Duties and Liabilities" "court's Supervisory Jurisdiction to Restrain Solicitors From Acting" 'conflict of Interest' 'client Legal Privilege' 'variation or Setting Aside of Interlocutory Orders' 'amendment of Pleadings' 'subpoenas' 'notices to Produce']

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Procedural Posture

Notice of Motion in Cross Claim Concerning Possession Proceedings and Alleged Sale at Undervalue of Corrimal Property / Interlocutory Application Seeking Removal of Solicitors, Production of Unredacted Documents, Leave to Amend Cross Claim, and Leave to Issue Subpoenas

Legal Issues

  1. 1 ['Whether DibbsBarker should be removed as solicitors for National Australia Bank Ltd because of an alleged conflict of interest or impairment of the integrity of the judicial process.' 'Whether unredacted documents previously held to be protected by client legal privilege should now be produced.' 'Whether Mr Sayed should be permitted to amend the cross-claim to include landlocking allegations or add claims against DibbsBarker.' 'Whether leave should be granted to issue subpoenas to DibbsBarker and Allmain Pty Ltd.']

Ratio Decidendi

The notice of motion was dismissed because Mr Sayed provided no evidence of negligence, unlawful conduct, waiver of privilege, material change of circumstances, or relevant subpoena purpose. The alleged conflict involving DibbsBarker was only theoretical, NAB did not perceive a conflict, there was no risk to Mr Sayed's confidences, the integrity of the judicial process would not be impaired by DibbsBarker continuing to act, the privileged and landlocking issues had already been decided, the application was late and unexplained, and the proposed subpoenas were unnecessary or amounted to fishing.

Court Disposition

Notice of motion dismissed with costs; further notices of motion prohibited without leave.

Orders

  • ['Dismiss the notice of motion filed 28 November 2017.' "The cross-claimant is to pay the cross-defendant's costs of the notice of motion." 'No further notices of motion are to be filed or served without my leave or without the leave of a judge of the Court.']