Corporate Systems Publishing Pty Ltd v Lingard

Corporate Systems Publishing Pty Ltd and Nick Christou sought an order to restrain Bennett & Co, a firm of solicitors, from representing Keith Graeme Lingard and Stanton Partners Australasia Pty Ltd, Stanton Accountants & Advisors Pty Ltd, and Neil Kevin Joyce in proceedings related to a dispute over unauthorised payments made to the family trusts of Lingard and Joyce. The plaintiffs argued that the solicitor had a conflict of interest in representing both the defendants and the plaintiffs and sought to restrain the solicitor from acting for the defendants. The defendants argued that there was no conflict of interest and that the plaintiffs' application was premature and an abuse of process. Jenkins J dismissed the application on the basis that the court could not restrain a solicitor from acting for clients in other proceedings unless it adversely affected the current proceedings. The court found that the solicitor's representation of the defendants in the proposed proceedings did not impact on the current proceedings and that the real issue was not the solicitor but who was authorised to instruct the solicitor. The orders sought by the plaintiffs would not resolve this conflict.