William McCausland v Surfing International Holdings Pty Ltd & ors [2006] NSWIRComm 261

William McCausland v Surfing International Holdings Pty Ltd & ors [2006] NSWIRComm 261

The interests of justice dictate restraining Harmers from continuing to represent the respondents, even with information barriers, due to the confidential information conveyed by the applicant and the importance of maintaining the integrity of the judicial process and appearance of justice.

Parties
Applicant: William McCausland; First Respondent: Surfing Hardware International Holdings Pty Ltd (ACN 103 227 167); Second Respondent: SHI Holdings Pty Ltd (ACN 103 227 167); Third Respondent: Surf Hardware International Pty Ltd (ACN 085 260 920); Fourth Respondent: Timothy Bosher; Fifth Respondent: Timothy Ford
Jurisdiction
Australia
Judgment Date
14 July 2006
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Conflict of Interest
Outcome
Applicant's motion granted
Legal Topics
Conflict of Interest, Legal Professional Privilege, Solicitor Client Relationship, Information Barriers
Industrial Relations Legal Profession Conflict of Interest Legal Professional Privilege Solicitor Client Relationship Information Barriers

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Parties

William McCausland

Applicant

Surfing Hardware International Holdings Pty Ltd (ACN 103 227 167)

First Respondent

SHI Holdings Pty Ltd (ACN 103 227 167)

Second Respondent

Surf Hardware International Pty Ltd (ACN 085 260 920)

Third Respondent

Timothy Bosher

Fourth Respondent

Timothy Ford

Fifth Respondent

Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Conflict of Interest

Legal Issues

  1. 1 Whether Harmers Workplace Lawyers should be restrained from acting for the respondents due to conflict of interest from prior confidential communications with Mr McCausland

Ratio Decidendi

The interests of justice dictate restraining Harmers from continuing to represent the respondents, even with information barriers, due to the confidential information conveyed by the applicant and the importance of maintaining the integrity of the judicial process and appearance of justice.

Court Disposition

Applicant's motion granted

Orders

  • Messrs Harmers Workplace Lawyers are restrained from continuing to represent the respondents in these proceedings.
  • The same order applies to proceedings in which Yvonne McCausland is an applicant, matter number IRC4589 of 2005.