KM & A Chadwick Pty Ltd v Yeung, E.T.M. & Ors [1995] FCA 353

KM & A Chadwick Pty Ltd v Yeung, E.T.M. & Ors [1995] FCA 353

Given the exceptional circumstances of a newly detected conflict of interest affecting respondents' representation and in order to allow proper presentation of their case, an adjournment should be granted on condition that indemnity costs are paid and affidavits are filed within set time limits.

Parties
Applicant: KM & A Chadwick Pty Limited; First Respondent: Eric Tsun Man Yeung; Second Respondent: Joseph Tak-Wong Wong; Third Respondent: Anna Ann Yeung; Fourth Respondent: Garry Leslie Stafford; Fifth Respondent: Wayne Albert Stafford; Sixth Respondent: Eric John Walsh
Jurisdiction
Australia
Judgment Date
12 May 1995
Procedural Posture
Application to Set Aside Summary Judgment and File Defence / Interlocutory Application for Adjournment of Notice of Motion
Outcome
Adjournment granted with costs order against respondents' solicitor
Legal Topics
Adjournment, Summary Judgment, Costs, Conflict of Interest
Practice and Procedure Corporations Law Adjournment Summary Judgment Costs Conflict of Interest

Case Brief

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Parties

KM & A Chadwick Pty Limited

Applicant

Eric Tsun Man Yeung

First Respondent

Joseph Tak-Wong Wong

Second Respondent

Anna Ann Yeung

Third Respondent

Garry Leslie Stafford

Fourth Respondent

Wayne Albert Stafford

Fifth Respondent

Eric John Walsh

Sixth Respondent

Procedural Posture

Application to Set Aside Summary Judgment and File Defence / Interlocutory Application for Adjournment of Notice of Motion

Legal Issues

  1. 1 Whether adjournment should be granted to allow new solicitors to be instructed
  2. 2 Whether previous non-compliance justifies refusal of adjournment
  3. 3 Whether costs indemnity is sufficient to protect applicant's interests

Ratio Decidendi

Given the exceptional circumstances of a newly detected conflict of interest affecting respondents' representation and in order to allow proper presentation of their case, an adjournment should be granted on condition that indemnity costs are paid and affidavits are filed within set time limits.

Court Disposition

Adjournment granted with costs order against respondents' solicitor

Orders

  • Further hearing adjourned until 25 May 1995 at 9.15am
  • Patricia Bouzanis to pay applicant's costs of today's hearing on indemnity basis