NWN [2015] NSWCATGD 5

Given the potential conflict of interest and likelihood that Mr CFF would be required to give evidence regarding the property sale and the enduring power of attorney and guardianship appointments, it was not appropriate that he represent Mrs NWN, and leave for legal representation was revoked.

Parties: Subject Person: Mrs NWN; Applicant: Ms ESN; Party: The NSW Trustee and Guardian; Party: The Public Guardian
Jurisdiction: Australia
Judgment Date: 05 February 2015
Procedural Posture: Guardianship and Financial Management Applications / Interlocutory Determination Regarding Legal Representation; Hearing Adjourned
Outcome: Leave for legal representation by Mr CFF revoked; hearing adjourned for approximately two months to a date be fixed by the Registrar.
Legal Topics: Leave for Legal Representation, Conflict of Interest, Solicitor Acting for More Than One Party, Solicitor as Witness

Guardianship Civil Procedure Leave for Legal Representation Conflict of Interest Solicitor Acting for More Than One Party Solicitor as Witness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Mrs NWN

Subject Person

Ms ESN

Applicant

The NSW Trustee and Guardian

Party

The Public Guardian

Party

Procedural Posture

Guardianship and Financial Management Applications / Interlocutory Determination Regarding Legal Representation; Hearing Adjourned

Legal Issues

1 Whether leave for legal representation by Mr CFF should be revoked due to conflict of interest and likelihood of being a witness

Ratio Decidendi

Court Disposition

Leave for legal representation by Mr CFF revoked; hearing adjourned for approximately two months to a date be fixed by the Registrar.

Orders

Leave for legal representation by Mr CFF for Mrs NWN revoked.
Hearing adjourned for approximately two months to a date to be fixed by the Registrar.