Garrett-Jones v Kendall

Garrett-Jones (the applicant) sought leave to appeal from an interlocutory decision of the Supreme Court of New South Wales, which had restrained the applicant, a solicitor, from acting for the executor in probate proceedings. The dispute arose because the applicant had been involved in the making of the contested will, and his evidence was considered likely to be of significance in the substantive hearing of the probate proceedings.

The primary legal issue before Mossop J was whether leave to appeal should be granted from the interlocutory decision. This required the court to consider whether there was a sufficient reason to grant leave, particularly in light of the nature of the interlocutory order and its potential impact on the substantive proceedings.

Mossop J dismissed the application for leave to appeal. His Honour reasoned that the interlocutory decision restraining the solicitor from acting was justified because the solicitor's involvement in the making of the will meant his evidence would be significant in the contested probate proceedings. Allowing the solicitor to continue acting would create a conflict of interest and potentially compromise the fairness and integrity of the proceedings, as his role as a witness and his role as legal representative would be difficult to reconcile. The court applied principles relating to conflicts of interest and the importance of maintaining public confidence in the administration of justice.

The application for leave to appeal was dismissed.