The Owners Strata Plan No 38308 v Gelder [2023] NSWCATEN 5

The Owners Strata Plan No 38308 v Gelder [2023] NSWCATEN 5

The Tribunal refused leave for Mr Atkin to represent the Owners because as the sole material witness with contested evidence, his dual role posed unacceptable conflict of interest, contravened Rule 27, and granting leave would not be in the interests of justice or parties.

Jurisdiction
Australia
Judgment Date
27 June 2023
Procedural Posture
Referral Application for Contempt and Procedural Orders / Interlocutory Determination of Representation
Outcome
Leave to be represented by Mr Atkin refused; matter to be listed for further directions.
Legal Topics
['representation' 'conflict of Interest' 'solicitor as Witness' 'leave to Appear' 'tribunal Procedure']
['practice and Procedure' 'contempt'] ['representation' 'conflict of Interest' 'solicitor as Witness' 'leave to Appear' 'tribunal Procedure']

Case Brief

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Procedural Posture

Referral Application for Contempt and Procedural Orders / Interlocutory Determination of Representation

Legal Issues

  1. 1 ['Whether leave should be granted for applicant to be represented by solicitor who is a material witness in the proceedings']

Ratio Decidendi

The Tribunal refused leave for Mr Atkin to represent the Owners because as the sole material witness with contested evidence, his dual role posed unacceptable conflict of interest, contravened Rule 27, and granting leave would not be in the interests of justice or parties.

Court Disposition

Leave to be represented by Mr Atkin refused; matter to be listed for further directions.

Orders

  • ['The Tribunal refuses leave for the Applicant to be represented by Mr Atkin.' 'The proceedings are to be listed for further directions on a date to be fixed by the Registrar after 1 August 2023.']