Harrison v Schipp
Case
•
[1999] NSWCA 443
•3 December 1999
Details
AGLC
Case
Decision Date
Harrison v Schipp [1999] NSWCA 443
[1999] NSWCA 443
3 December 1999
CaseChat Overview and Summary
In *Harrison v Schipp*, the applicant sought a stay of an examination summons issued by the respondent. The applicant alleged that the summons was issued for an improper purpose, contrary to the principles of open justice and the duties owed by a solicitor.
The primary legal issue before the court was whether the examination summons had been issued for an improper purpose. This required the court to consider the circumstances surrounding the issuance of the summons and whether those circumstances indicated an ulterior motive or an abuse of the court's process.
Mason P dismissed the application. The court found that there was no evidence to support the applicant's assertion that the summons was issued for an improper purpose. The principles of open justice were upheld, and the respondent's actions were not found to be in breach of any solicitor's duties. The application was dismissed with costs.
The primary legal issue before the court was whether the examination summons had been issued for an improper purpose. This required the court to consider the circumstances surrounding the issuance of the summons and whether those circumstances indicated an ulterior motive or an abuse of the court's process.
Mason P dismissed the application. The court found that there was no evidence to support the applicant's assertion that the summons was issued for an improper purpose. The principles of open justice were upheld, and the respondent's actions were not found to be in breach of any solicitor's duties. The application was dismissed with costs.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Commercial Law
Legal Concepts
-
Abuse of Process
-
Costs
-
Injunction
-
Judicial Review
-
Standing
-
Stay of Proceedings
Actions
Download as PDF
Download as Word Document
Citations
Harrison v Schipp [1999] NSWCA 443
Most Recent Citation
Bandwill Pty Ltd v Spencer-Laitt [2000] WASC 210
Cases Citing This Decision
7
Legal Practitioners Complaints Committee and Camp
[2006] WASAT 355
Camp v Legal Practitioners Complaints Committee
[2008] WASCA 253
Camp v Legal Practitioners Complaints Committee
[2007] WASC 309
Cases Cited
7
Statutory Material Cited
0
Williams v Spautz
[1992] HCA 34
Williams v Spautz
[1992] HCA 34
Meissner v the Queen
[1995] HCA 41