Leeton Palms Pty Limited v Zirtele Pty Limited [2017] NSWSC 1819

Leeton Palms Pty Limited v Zirtele Pty Limited [2017] NSWSC 1819

The motion was dismissed because the fifth defendant did not identify with specificity any confidential information supplied to the respondent's firm that would assist the plaintiffs, it was far from clear how any financial information could be used in the present proceedings, there was no evidence that such information was used to join the fifth defendant, any possible assistance was at most remote and likely obtainable by subpoena or notice to produce, and the closeness of the trial created strong discretionary reasons against requiring the plaintiffs to find new solicitors.

Jurisdiction
Australia
Judgment Date
21 December 2017
Procedural Posture
Civil Procedure Notice of Motion to Restrain Plaintiffs' Solicitors From Acting / Ex Tempore Judgment on Notice of Motion Filed on 8 December 2017
Outcome
The fifth defendant's motion is dismissed with costs
Legal Topics
['representation' 'application to Restrain Solicitors From Acting' 'confidential Information' 'inherent Jurisdiction']
['civil Procedure'] ['representation' 'application to Restrain Solicitors From Acting' 'confidential Information' 'inherent Jurisdiction']

Case Brief

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Procedural Posture

Civil Procedure Notice of Motion to Restrain Plaintiffs' Solicitors From Acting / Ex Tempore Judgment on Notice of Motion Filed on 8 December 2017

Legal Issues

  1. 1 ['Whether the respondent or his firm should be restrained from continuing to act for the plaintiffs because the firm previously acted for the fifth defendant in Family Law proceedings.' "Whether the respondent's firm obtained confidential information from the fifth defendant which may be of assistance to the plaintiffs in the current proceedings." 'Whether discretionary considerations, including the proximity of the final hearing, weighed against restraining the solicitors from acting.']

Ratio Decidendi

The motion was dismissed because the fifth defendant did not identify with specificity any confidential information supplied to the respondent's firm that would assist the plaintiffs, it was far from clear how any financial information could be used in the present proceedings, there was no evidence that such information was used to join the fifth defendant, any possible assistance was at most remote and likely obtainable by subpoena or notice to produce, and the closeness of the trial created strong discretionary reasons against requiring the plaintiffs to find new solicitors.

Court Disposition

The fifth defendant's motion is dismissed with costs

Orders

  • ["The fifth defendant's notice of motion is dismissed with costs."]