Hannam v State of New South Wales (No 10)

The case involved a plaintiff, Hannam, against the State of New South Wales. The nature of the dispute was a pro bono referral made by the plaintiff's former solicitor, which raised issues of whether the referral was in the interests of justice and whether costs should be sought against the former solicitor. The matter was heard in the Supreme Court of New South Wales. The plaintiff sought to have legal professional privilege waived in relation to the referral, arguing that it was in the interests of justice to do so.

The legal issues before the court were whether the referral was in the interests of justice and whether costs should be sought against the former solicitor. The court had to consider the circumstances in which a pro bono referral could be considered in the interests of justice, and whether the former solicitor's conduct warranted costs being awarded against them. The court also had to determine whether legal professional privilege should be waived in relation to the referral.

The court found that the referral was not in the interests of justice, as it was made without the plaintiff's knowledge or consent, and was not in the plaintiff's best interests. The court also found that the former solicitor's conduct did not warrant costs being awarded against them, as they had acted in good faith and had not acted negligently. The court held that legal professional privilege should not be waived in relation to the referral, as it was not in the interests of justice to do so. The court dismissed the plaintiff's claim for costs against the former solicitor.