Wainter Pty Ltd, in the matter of New Tel Limited (in liq) [2006] FCA 656

Wainter Pty Ltd, in the matter of New Tel Limited (in liq) [2006] FCA 656

The evidence does not establish that Freehills has an interest affecting its independence or creating a conflict with its client or the litigation. There are no pleadings delineating any interest and Freehills’ conduct does not support an inference of any interest in conflict. The balance of convenience does not favour granting an interlocutory injunction. Accordingly, the motion should be dismissed.

Parties
Plaintiff: Wainter Pty Ltd; Subject Entity: New Tel Limited (in liq); Examinee: Paul Dominic Evans; Examinee: David Woolfe
Jurisdiction
Australia
Judgment Date
29 May 2006
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Judgment
Outcome
application dismissed
Legal Topics
Solicitor Independence, Interlocutory Injunction, Examination of Directors, Production and Discovery of Documents
Equity Corporations Solicitor Independence Interlocutory Injunction Examination of Directors Production and Discovery of Documents

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Parties

Wainter Pty Ltd

Plaintiff

New Tel Limited (in liq)

Subject Entity

Paul Dominic Evans

Examinee

David Woolfe

Examinee

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Judgment

Legal Issues

  1. 1 Whether the law firm Freehills has an interest affecting its independence that warrants injunctive relief against acting for Paul Dominic Evans in proceedings related to New Tel Limited (in liq)
  2. 2 Whether the balance of convenience favours granting an interlocutory injunction restraining Freehills from acting

Ratio Decidendi

The evidence does not establish that Freehills has an interest affecting its independence or creating a conflict with its client or the litigation. There are no pleadings delineating any interest and Freehills’ conduct does not support an inference of any interest in conflict. The balance of convenience does not favour granting an interlocutory injunction. Accordingly, the motion should be dismissed.

Court Disposition

application dismissed

Orders

  • The plaintiff's notice of motion filed on 26 April 2006 for an interlocutory injunction be dismissed.
  • The plaintiff pay the defendant's costs of the motion.