Le v Angius [2022] NSWSC 1150

Le v Angius [2022] NSWSC 1150

The defendant did not identify with precision any confidential information in AKN's possession that was relevant to the plaintiff's family provision claim, and the matters on which AKN acted for the deceased in 2015 were unrelated to that claim. There was also no sufficient basis to conclude that the proper administration of justice required AKN to be restrained: the possible evidence of Ms Pham or Michael Pham about the deceased's alleged denial of a relationship with the plaintiff was uncertain, peripheral at best, and did not outweigh the cost, inconvenience and prejudice to the plaintiff of changing solicitors at that stage.

Jurisdiction
Australia
Judgment Date
30 August 2022
Procedural Posture
Family Provision Proceedings Under Chapter 3 of the Succession Act 2006 (nsw); Interlocutory Application to Restrain the Plaintiff's Solicitors From Acting / Notice of Motion Filed by the Defendant in Interlocutory Proceedings
Outcome
The notice of motion is dismissed with costs.
Legal Topics
['family Provision' 'solicitors Acting Against Former Client' 'confidential Information' 'administration of Justice' 'de Facto Relationship Eligibility']
['equity' 'succession' 'legal Practitioners'] ['family Provision' 'solicitors Acting Against Former Client' 'confidential Information' 'administration of Justice' 'de Facto Relationship Eligibility']

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Family Provision Proceedings Under Chapter 3 of the Succession Act 2006 (nsw); Interlocutory Application to Restrain the Plaintiff's Solicitors From Acting / Notice of Motion Filed by the Defendant in Interlocutory Proceedings

Legal Issues

  1. 1 ['Whether AKN & Associates Pty Limited, its directors or employed solicitors, should be restrained from continuing to act for the plaintiff because of confidential information allegedly obtained while acting for the deceased.' 'Whether AKN & Associates Pty Limited, its directors or employed solicitors, should be restrained from continuing to act for the plaintiff to protect the administration of justice because Ms Pham or Michael Pham may be called as witnesses.' 'Whether the defendant identified confidential information with sufficient precision and showed a real possibility that it might be used to the disadvantage of the former client.' 'Whether a fair-minded, reasonably informed member of the public would conclude that the proper administration of justice required AKN to be prevented from acting.']

Ratio Decidendi

The defendant did not identify with precision any confidential information in AKN's possession that was relevant to the plaintiff's family provision claim, and the matters on which AKN acted for the deceased in 2015 were unrelated to that claim. There was also no sufficient basis to conclude that the proper administration of justice required AKN to be restrained: the possible evidence of Ms Pham or Michael Pham about the deceased's alleged denial of a relationship with the plaintiff was uncertain, peripheral at best, and did not outweigh the cost, inconvenience and prejudice to the plaintiff of changing solicitors at that stage.

Court Disposition

The notice of motion is dismissed with costs.

Orders

  • ['The Notice of Motion is dismissed with costs.']