Scallan v Scallan [2001] NSWSC 1078

Scallan v Scallan [2001] NSWSC 1078

There is no sufficient possibility of conflict of duty to require a restraining order against the wishes of those who desire to retain the solicitor-witness; it is not unusual for solicitors to give evidence in probate matters and such conflict is not sufficient here for the court to intervene.

Jurisdiction
Australia
Judgment Date
26 November 2001
Procedural Posture
Contested Probate Suit / Interlocutory Application for Injunction
Outcome
Application dismissed with costs
Legal Topics
["solicitor's Duties" 'solicitor as Witness' 'conflict of Interest' 'injunction Restraining Solicitor From Acting']
['procedure' 'professional Conduct'] ["solicitor's Duties" 'solicitor as Witness' 'conflict of Interest' 'injunction Restraining Solicitor From Acting']

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Procedural Posture

Contested Probate Suit / Interlocutory Application for Injunction

Legal Issues

  1. 1 ['Whether the court should grant an injunction restraining the firm from acting due to a solicitor being a material witness' 'Whether there is a conflict between the duty to the court and duty to the client when a solicitor is a material witness']

Ratio Decidendi

There is no sufficient possibility of conflict of duty to require a restraining order against the wishes of those who desire to retain the solicitor-witness; it is not unusual for solicitors to give evidence in probate matters and such conflict is not sufficient here for the court to intervene.

Court Disposition

Application dismissed with costs

Orders

  • ['Notice of motion dismissed with costs']