BLACK V GILTECH PRECISION CASTINGS (2004) LIMITED HC DUN CIV-2010-412-000105

BLACK V GILTECH PRECISION CASTINGS (2004) LIMITED HC DUN CIV-2010-412-000105

The Court held that providing a former solicitor (who is a potential witness and whose firm's conduct is pleaded to be in issue) with draft briefs of other witnesses for the purpose of identifying amendments or additions would breach the independence principle and r13.5 and amount to improper involvement; consultation limited to factual historical matters and preparation/giving of the former solicitor's own evidence is permitted; consent order enjoining Anderson Lloyd from acting or assisting as framed is appropriate.

Citation
openlaw-820dde4b_b24a_4e88_8c22_a17294bd3858.pdf
Parties
First Plaintiff: Paul Black; Second Plaintiff: Glenda Black; Third Plaintiff: WMC Trustee Limited; First Defendant: Giltech Precision Castings (2004) Limited; Second Defendant: P & W Consolidated Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 July 2011
Procedural Posture
Application by Shareholders Under S 174 Companies Act 1993 (oppression/shareholder Dispute) / Interlocutory Hearing Concerning Withdrawal of Solicitor and Scope of Post Withdrawal Assistance/consent Order
Outcome
Plaintiffs' interlocutory application granted by consent; order made restraining Anderson Lloyd and its employees from acting or assisting in the proceeding as specified; costs reserved.
Legal Topics
Oppressive Conduct, Shareholder Dispute, Lawyer Conflict of Interest, Withdrawal of Counsel, Preparation of Evidence, Lawyers and Conveyancers Act R13.5
Company Law Legal Professional Conduct Civil Procedure Evidence Oppressive Conduct Shareholder Dispute Lawyer Conflict of Interest Withdrawal of Counsel +2 more

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Parties

Paul Black

First Plaintiff

Glenda Black

Second Plaintiff

WMC Trustee Limited

Third Plaintiff

Giltech Precision Castings (2004) Limited

First Defendant

P & W Consolidated Limited

Second Defendant

Procedural Posture

Application by Shareholders Under S 174 Companies Act 1993 (oppression/shareholder Dispute) / Interlocutory Hearing Concerning Withdrawal of Solicitor and Scope of Post Withdrawal Assistance/consent Order

Legal Issues

  1. 1 Whether a solicitor who has ceased to act may assist new counsel in drafting or vetting briefs of evidence for other witnesses
  2. 2 Whether Anderson Lloyd should be restrained from providing legal advice or assistance to defendants after withdrawing as solicitors on the record
  3. 3 Application and scope of r13.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and the independent duty of counsel

Ratio Decidendi

The Court held that providing a former solicitor (who is a potential witness and whose firm's conduct is pleaded to be in issue) with draft briefs of other witnesses for the purpose of identifying amendments or additions would breach the independence principle and r13.5 and amount to improper involvement; consultation limited to factual historical matters and preparation/giving of the former solicitor's own evidence is permitted; consent order enjoining Anderson Lloyd from acting or assisting as framed is appropriate.

Court Disposition

Plaintiffs' interlocutory application granted by consent; order made restraining Anderson Lloyd and its employees from acting or assisting in the proceeding as specified; costs reserved.

Orders

  • Anderson Lloyd Solicitors and all persons employed thereby shall cease to act in this proceeding and shall not provide legal advice to the Defendants in relation to any aspect of this proceeding
  • Anderson Lloyd Solicitors and all persons employed thereby shall not directly or indirectly provide instructions to any solicitor acting on behalf of the Defendants