Conco Systems Inc v Hunter Industrial Services Pty Ltd & Ors [1998] FCA 1137

Conco Systems Inc v Hunter Industrial Services Pty Ltd & Ors [1998] FCA 1137

Leave may be granted for Mr Smith, as director, to represent the company in proceedings if satisfied the company cannot afford legal representation, but cross-claim must be conducted by legally qualified persons. Confidential exhibit may be made available to applicant's counsel under strict conditions to preserve confidentiality.

Jurisdiction
Australia
Judgment Date
21 August 1998
Procedural Posture
Civil / Interlocutory Hearing
Outcome
Interlocutory application partially granted.
Legal Topics
['corporate Representation' 'confidentiality of Documents']
['civil Procedure'] ['corporate Representation' 'confidentiality of Documents']

Case Brief

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Procedural Posture

Civil / Interlocutory Hearing

Legal Issues

  1. 1 ['Whether leave should be granted for a director to represent the company in proceedings' "Whether confidential exhibits should be made available to applicant's legal advisers under limited conditions"]

Ratio Decidendi

Leave may be granted for Mr Smith, as director, to represent the company in proceedings if satisfied the company cannot afford legal representation, but cross-claim must be conducted by legally qualified persons. Confidential exhibit may be made available to applicant's counsel under strict conditions to preserve confidentiality.

Court Disposition

Interlocutory application partially granted.

Orders

  • ['Eighth respondent to make available a copy of exhibit GHS2 to counsel for the applicant with restrictions on custody and copying.' 'Notice of motion of 14 August 1998 otherwise dismissed.' 'Notice of motion filed on 24 July 1998 stood over to 2 October 1998.' 'Any further affidavits in support of the notice of...