Clairs Keeley (a Firm) v Treacy

Link copied
Case Copied 58 min read

CLAIRS KEELEY (A FIRM) -v- TREACY & ORS [2004] WASCA 277



(2004) 29 WAR 479
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 277
THE FULL COURT (WA)
Case No:FUL:114/20027 SEPTEMBER 2004
Coram:STEYTLER J
TEMPLEMAN J
MCKECHNIE J
25/11/04
38Judgment Part:1 of 1
Result: Application dismissed
A
PDF Version
Parties:CLAIRS KEELEY (A FIRM)
JOANNE MARIE TREACY
GEORGE ROBERT SOULLIER
MARY JOY SOULLIER
COLIN DOUGLAS HENNING
DOREEN RUTH HENNING

Catchwords:

Practice and procedure
Application to lift stay of proceedings
Maintenance and champerty
Whether change in circumstances since stay granted
Whether potential for abuse of process
Whether solicitors independent from financiers of proceedings
Whether, therefore, solicitors in potential conflict with clients
Whether plaintiffs have been advised sufficiently of their position

Legislation:

Nil

Case References:

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170
Arkin v Borchard Lines Ltd [2003] EWHC 2844
Brimaud v Honeysett Instant Print Pty Ltd, unreported; SCt of NSW; Library No 3059; 19 September 1988
Brown v Talbot & Olivier (1993) 9 WAR 70
Buiscex Ltd v Panfida Foods Ltd (in liq) (1998) 28 ACSR 357
Clairs Keeley (A Firm) v Treacy & Ors (2003) 28 WAR 139
De Crittenden v Bayliss [2002] EWCA 50
Elfic Ltd v Macks [2003] 2 Qd R 125
Giles v Thompson [1993] 3 All ER 321
Giles v Thompson [1994] AC 142
Gulf Azov Shipping Co Ltd v Idisi [2004] EWCA 292
In re Trepca Mines Ltd [1963] Ch 199
Leslie v Hydro-Electric Corp (1997) 7 Tas R 239
Nominal Defendant v Manning (2000) 50 NSWLR 139
R (Factortame Ltd & Ors) v Secretary for Transport Ltd (No 2) [2003] QB 381
Todd v Novotny [2000] WASC 308
Wentworth v Rogers, unreported; SCt of NSW (Sperling J); 9228 of 1982; 28 April 1995

Arata Potato Co Ltd v Taylor Johnson Garrett [1995] 4 All ER 695
Australian Granites Ltd v Eisenwerk Hensel Bayreuth Dipl-ing Burkhardt Gmb [2001] 1 Qd R 461
Bandwill Pty Ltd v Spencer-Laitt (2000) 23 WAR 390
Callery v Gray [2002] 3 All ER 417
Cattanach v Melchior (2003) 215 CLR 1
Choules v Siglin [2002] WASC 230
Clare v Joseph [1907] 2 KB 369
Co-ownership Land Development Pty Ltd v Queensland Estates Pty Ltd (1973) 1 ALR 201
DA Christie Pty Ltd v Baker [1996] 2 VR 582
Ellingsen v Det Skandinavske Co [1919] 2 KB 567
Freehill Hollingdale & Page v Bandwill Pty Ltd [2000] WASCA 150
Gore v Justice Corp Pty Ltd (2002) 119 FCR 429
Hamilton v Al Fayed (No 2) [2003] QB 1175
Henderson v Henderson (1843) 3 Hare 100
Hill v Archbold [1968] 1 QB 686
Jarbin Pty Ltd v Clutha Ltd (in liq) (2004) 22 ACLC 550
Kuligowski v Metrobus (2002) 26 WAR 137
Kuligowski v Metrobus (2004) 208 ALR 1
Lyddon v Moss (1859) 4 De G & J 104
McIntyre v Attorney-General of Ontario (2002) 218 DLR (4th)…
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Clairs Keeley (a Firm) v Treacy and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2004] WASCA 277
Decision Date

CaseChat Overview and Summary

The matter of Clairs Keeley (a Firm) versus Treacy came before the court as an application to lift a stay of proceedings. The dispute between the parties centred on issues of maintenance and champerty. The applicants, Clairs Keeley, sought to proceed with their litigation against the respondent, Treacy, by lifting the stay that had previously been imposed. The court had to determine whether there had been a change in circumstances since the stay was granted, whether there was a potential for abuse of process, and whether the solicitors were independent from the financiers of the proceedings, which would place them in potential conflict with their clients. Additionally, the court had to consider whether the plaintiffs had been sufficiently advised of their position.

In assessing the application, the court examined the potential for abuse of process and the independence of the solicitors from their financiers. The court found that there had been no change in circumstances warranting the lifting of the stay, and that the solicitors were not independent from their financiers, thereby placing them in potential conflict with their clients. Furthermore, the court was of the opinion that the plaintiffs had not been sufficiently advised of their position. Consequently, the court dismissed the application to lift the stay of proceedings.

The court's decision was based on the factors of potential abuse of process, the independence of the solicitors, and the adequacy of advice provided to the plaintiffs. The court found that the applicants had not demonstrated sufficient grounds for lifting the stay of proceedings, and that there was a potential for abuse of process, as well as a conflict of interest between the solicitors and their clients. As a result, the application was dismissed, and the stay of proceedings remained in place.

Orders

Orders of the court

Application dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.