Supreme Court
New South Wales
Medium Neutral Citation: Gordana Smith & Anor v Colin Steingold [2018] NSWSC 1390 Hearing dates: 4 July 2018 Date of orders: 23 August 2018 Decision date: 23 August 2018 Jurisdiction: Equity - Commercial List Before: Rein J Decision: See [21]-[23]
Catchwords: EQUITY – Whether solicitor on record should be restrained from acting for the First and Second Defendants in proceedings alleging undue influence and oppressive conduct on the part of the First Defendant – Whether solicitor in possession of confidential information of the Plaintiffs – Whether solicitor possessed knowledge of Plaintiffs’ character and tendencies – Whether a fair-minded reasonably informed member of the public would regard proper administration of justice as requiring the solicitor to be restrained from acting; HELD: Solicitor restrained from continuing to act for the First and Second Defendants. Cases Cited: Black v Taylor [1993] 3 NZLR 403
Byrne v Production Magic Pty Ltd [2012] ACTSC 6
Cleveland Investments Global Ltd v Evans [2010] NSWSC 567
D & J Constructions Pty Ltd v Head and Ors trading as Clayton Utz (1987) 9 NSWLR 118
Earl Cholmondeley v Lord Clinton (1815) 19 Ves. Jr. 261; (1815) 34 E.R. 515
Geelong School Supplies Pty Ltd v Dean (2006) 237 ALR 612; [2006] FCA 1404
In the matter of Edgecliff Car Rentals Pty Ltd (deregistered) [2017] NSWSC 244
In the matter of IPM Group Pty Ltd [2015] NSWSC 240
Jing Li v Jin Lian Group Pty Ltd [2018] NSWSC 479
Kallinicos v Hunt (2005) 64 NSWLR 561; [2005] NSWSC 1181
Sent v John Fairfax Publication Pty Ltd [2002] VSC 429
Spincode Pty Ltd v Look Software Pty Ltd (2001) 4 VR 501; [2001] VSCA 248
Yunghanns v Elfic Ltd (formerly known as Elders Finance & Investment Co Ltd) (Supreme Court of Victoria, Gillard J, 3 July 1998, Butterworth Cases 9803031)Category: Procedural and other rulings Parties: Gordana Smith (First Plaintiff/ Applicant on the Motion)
Paul Smith (Second Plaintiff/ Applicant on the Motion)
Colin Steingold (First Defendant/ Respondent on the Motion)
Shadeen Pty Limited (Second Defendant/ Respondent on the Motion)
CG Partnership Pty Limited (Third Defendant)
Citrus Group Pty Limited (Fourth Defendant)
Thomas Russell (Respondent on the Motion)Representation: Counsel:
Solicitors:
Mr N. Kirby (Plaintiffs)
Mr R. Glasson (First and Second Defendants)
Mr E. Yamine, solicitor (Third and Fourth Defendants)
Peterson Haines (Plaintiffs)
Gillis Delaney Lawyers (First and Second Defendants)
ESY Lawyers Pty Ltd (Third and Fourth Defendants)
File Number(s): 2018/00175708 Publication restriction: Nil
Reasons for Judgment
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This is an application by the Plaintiffs, Mr Paul Smith and Mrs Gordana Smith (for whom Mr N. Kirby, of Counsel, appears), to restrain the solicitor for the First and Second Defendant, Mr Trevor Russell, from continuing to act for those Defendants in these proceedings. The Third and Fourth Defendants, for whom Mr E. Yamine, solicitor, appears, support the Plaintiffs’ application.
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The proceedings concern a company known as Citrus Group Pty Ltd (“Citrus”), the Fourth Defendant, the shares in which are owned by a…
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- Case
- [2018] NSWSC 1390
- Decision Date
CaseChat Overview and Summary
The central issue before the court was whether the solicitor should be restrained from acting for the First and Second Defendants in light of the allegations of undue influence and oppressive conduct. The court was required to consider whether the solicitor was in possession of confidential information, whether he had knowledge of the Plaintiff's character and tendencies, and whether a fair-minded reasonably informed member of the public would regard proper administration of justice as requiring the solicitor to be restrained from acting.
The court found that the solicitor was in possession of confidential information relating to the Plaintiff's personal affairs and was aware of her character and tendencies. The court concluded that a fair-minded reasonably informed member of the public would regard proper administration of justice as requiring the solicitor to be restrained from acting for the First and Second Defendants. The court held that the solicitor was restrained from continuing to act for the First and Second Defendants in the proceedings.
The court did not make any further orders beyond the restraint of the solicitor from acting for the First and Second Defendants.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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