Westpac Banking Corporation v Newey [2013] NSWSC 533

Westpac Banking Corporation v Newey [2013] NSWSC 533

There is no real sensible possibility of conflict or impairment of the integrity of the judicial process; the facts relied on by the applicant were speculative and unconvincing, and no realistic sense of impropriety justifying the exercise of the exceptional jurisdiction was established. Accordingly, the application for an injunction restraining Allens from acting for the plaintiff is dismissed.

Parties
Plaintiff: Westpac Banking Corporation; First Defendant: David Newey; Second Defendant: David Collinge; Third Defendant: Michael Gillis; Fourth Defendant: Michael Hayter; Fifth Defendant: Marcus McCarthy; Sixth Defendant: Nicholas Dale; Seventh Defendant: Amanda Bond; Eighth Defendant: John Hall; Ninth Defendant: Raymond Perkes; Tenth Defendant: Alan Brown
Jurisdiction
Australia
Judgment Date
10 May 2013
Procedural Posture
Interlocutory Application / Application for Injunction
Outcome
Application dismissed with costs
Legal Topics
Injunction, Solicitor Conflict of Interest, Rectification, Judicial Process Integrity
Equity Injunction Solicitor Conflict of Interest Rectification Judicial Process Integrity

Case Brief

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Parties

Westpac Banking Corporation

Plaintiff

David Newey

First Defendant

David Collinge

Second Defendant

Michael Gillis

Third Defendant

Michael Hayter

Fourth Defendant

Marcus McCarthy

Fifth Defendant

Nicholas Dale

Sixth Defendant

Amanda Bond

Seventh Defendant

John Hall

Eighth Defendant

Raymond Perkes

Ninth Defendant

Alan Brown

Tenth Defendant

Procedural Posture

Interlocutory Application / Application for Injunction

Legal Issues

  1. 1 Whether the solicitor (Allens) should be restrained from acting for the plaintiff due to alleged conflict of interest
  2. 2 Whether the integrity of the judicial process would be impaired by Allens acting
  3. 3 Whether the drafter's conduct is relevant to the dispute on rectification of deeds

Ratio Decidendi

There is no real sensible possibility of conflict or impairment of the integrity of the judicial process; the facts relied on by the applicant were speculative and unconvincing, and no realistic sense of impropriety justifying the exercise of the exceptional jurisdiction was established. Accordingly, the application for an injunction restraining Allens from acting for the plaintiff is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The application for injunction is dismissed.
  • The applicant to pay the costs of the application.