Técnicas Reunidas SA v Andrew [2018] NSWSC 645

Técnicas Reunidas SA v Andrew [2018] NSWSC 645

The retainer between TR and PM had ended well before PM commenced acting for Downer and was not terminated by PM. The duty of loyalty did not continue, and there was no real risk of disclosure of TR confidential information given effective barriers, undertakings, and separation of teams. No sufficient basis was...

Source-derived case information.

Parties
Plaintiff: Técnicas Reunidas S.A.; First Defendant: Sadie Andrew; Second Defendant: Anthony Arrow; Third Defendant: John Michael Battye; Fourth Defendant: Robert Charles Buchanan; Fifth Defendant: Gregory Campbell; Sixth Defendant: Bettina Margaret Cole; Seventh Defendant: Matthew Croagh; Eighth Defendant: Simela Karasavidis; Ninth Defendant: Christina Adrienne Parker; Tenth Defendant: Ian David Rennick; Eleventh Defendant: Ewan Robertson; Twelfth Defendant: Leslie William Ryan
Jurisdiction
Australia
Judgment Date
14 May 2018
Procedural Posture
Equity Commercial Arbitration List / Principal Judgment
Outcome
Proceedings dismissed with costs.
Legal Topics
Fiduciary Duties, Solicitor and Client, Duty of Loyalty, Duty to Protect Confidential Information, Injunctions Restraining Solicitors From Acting, Court's Inherent Jurisdiction
Equity Fiduciary Duties Solicitor and Client Duty of Loyalty Duty to Protect Confidential Information Injunctions Restraining Solicitors From Acting Court's Inherent Jurisdiction

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Parties

Técnicas Reunidas S.A.

Plaintiff

Sadie Andrew

First Defendant

Anthony Arrow

Second Defendant

John Michael Battye

Third Defendant

Robert Charles Buchanan

Fourth Defendant

Gregory Campbell

Fifth Defendant

Bettina Margaret Cole

Sixth Defendant

Matthew Croagh

Seventh Defendant

Simela Karasavidis

Eighth Defendant

Christina Adrienne Parker

Ninth Defendant

Ian David Rennick

Tenth Defendant

Ewan Robertson

Eleventh Defendant

Leslie William Ryan

Twelfth Defendant

Procedural Posture

Equity Commercial Arbitration List / Principal Judgment

Legal Issues

  1. 1 Whether Pinsent Masons (PM) should be restrained from acting for Downer EDI Engineering Power Pty Ltd in an arbitration against Técnicas Reunidas S.A. due to previous engagement with TR and confidential information.
  2. 2 Whether there was a breach or risk of breach of the fiduciary duty of loyalty or duty of confidence owed by PM to TR.
  3. 3 Whether the court should exercise its inherent jurisdiction to restrain a solicitor from acting to protect the integrity of the judicial process.

Ratio Decidendi

The retainer between TR and PM had ended well before PM commenced acting for Downer and was not terminated by PM. The duty of loyalty did not continue, and there was no real risk of disclosure of TR confidential information given effective barriers, undertakings, and separation of teams. No sufficient basis was shown to exercise the court's inherent jurisdiction to restrain PM from acting, as the interests of justice and appearance of justice were protected.

Court Disposition

Proceedings dismissed with costs.

Orders

  • Proceedings dismissed with costs.