Alpha Wealth Financial Services Pty Ltd v Frankland River Olive Company Ltd

In Alpha Wealth Financial Services Pty Ltd v Frankland River Olive Company Ltd, the Supreme Court of Western Australia was asked to decide whether it should grant an injunction restraining the plaintiffs from retaining a particular solicitor to act for them in proceedings relating to a managed investment scheme. The defendant argued that the solicitor had previously acted for the former responsible entity of the scheme and had a conflict of interest. The court found that the appearance of a conflict of interest was subversive to the requirement that justice be seen to be done and granted the injunction. The court held that the solicitor was placed in an untenable position of conflict and should not be allowed to take a hostile position in relation to the continuation of the scheme. The court granted the restraining order sought by the defendant to preserve the appearance of justice.