Incentive Dynamics Pty Ltd (in liq) & Anor v Robins, Douglas Robert McNeill & Ors [1997] FCA 671

Incentive Dynamics Pty Ltd (in liq) & Anor v Robins, Douglas Robert McNeill & Ors [1997] FCA 671

The information previously imparted to the solicitors by the respondents is no longer confidential as the respondents are able to convey the information freely to Hall & Wilcox. Information held by Hall & Wilcox, such as impressions and beliefs, is not sufficiently identified with precision to be found confidential. The applicant did not establish a real and sensible possibility of misuse of confidential information, nor detriment if solicitor acts. Mere potential for a solicitor to be called as a witness is not sufficient to justify an injunction. Application dismissed with costs.

Jurisdiction
Australia
Judgment Date
25 July 1997
Procedural Posture
Application / Judgment
Outcome
application dismissed with costs
Legal Topics
['confidential Information' 'solicitor Conflict' 'restraint of Solicitors' 'company Liquidation']
['legal Practitioners' 'corporations'] ['confidential Information' 'solicitor Conflict' 'restraint of Solicitors' 'company Liquidation']

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Procedural Posture

Application / Judgment

Legal Issues

  1. 1 ['Whether Hall & Wilcox should be restrained from acting as solicitors for the respondents due to prior confidential information acquired when acting for the applicant company' 'Whether information previously acquired is confidential and disadvantageous to the applicant' 'Whether solicitor being called as a witness necessitates restraint']

Ratio Decidendi

The information previously imparted to the solicitors by the respondents is no longer confidential as the respondents are able to convey the information freely to Hall & Wilcox. Information held by Hall & Wilcox, such as impressions and beliefs, is not sufficiently identified with precision to be found confidential. The applicant did not establish a real and sensible possibility of misuse of confidential information, nor detriment if solicitor acts. Mere potential for a solicitor to be called as a witness is not sufficient to justify an injunction. Application dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • ['The application is dismissed with costs.']