Bhagat v Global Custodians Ltd (No 1) [2001] NSWSC 720

Bhagat v Global Custodians Ltd (No 1) [2001] NSWSC 720

The court declined to order the disqualification of counsel because the circumstances did not reach the threshold of unique, extraordinary or highly exceptional circumstances required by precedent.

Parties
Plaintiff: Hari Bhagat; Defendant: Global Custodians Ltd; Defendant: John Healey Speight; Defendant: Jessee Barrie Marr Speight; Defendant: Archie Greenlees; Defendant: Norma Patricia Greenlees; Defendant: David O'Bryen; Defendant: Michael Wilkins; Defendant: Robin Margo; Defendant: Harold Werksman; Defendant: Holding Redlich; Defendant: Jeffrey Flick; Defendant: Anthony Spencer
Jurisdiction
Australia
Judgment Date
17 August 2001
Procedural Posture
Application / Interlocutory Hearing on Application to Disqualify Counsel
Outcome
Application refused
Legal Topics
Right of Audience, Disqualification of Counsel, Inherent Jurisdiction of Courts
Professional Conduct Civil Procedure Right of Audience Disqualification of Counsel Inherent Jurisdiction of Courts

Case Brief

Summary, issues, holding and outcome

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Parties

Hari Bhagat

Plaintiff

Global Custodians Ltd

Defendant

John Healey Speight

Defendant

Jessee Barrie Marr Speight

Defendant

Archie Greenlees

Defendant

Norma Patricia Greenlees

Defendant

David O'Bryen

Defendant

Michael Wilkins

Defendant

Robin Margo

Defendant

Harold Werksman

Defendant

Holding Redlich

Defendant

Jeffrey Flick

Defendant

Anthony Spencer

Defendant

Procedural Posture

Application / Interlocutory Hearing on Application to Disqualify Counsel

Legal Issues

  1. 1 Whether the Court should disqualify defendants' counsel from appearing due to their personal involvement in the litigation

Ratio Decidendi

The court declined to order the disqualification of counsel because the circumstances did not reach the threshold of unique, extraordinary or highly exceptional circumstances required by precedent.

Court Disposition

Application refused

Orders

  • Application to disqualify defendants' counsel refused