Lee v Korean Society of Victoria

The case of Lee v Korean Society of Victoria involved a plaintiff who sought to join claims against the defendants' instructing solicitor, alleging complicity in defamatory publications. The defendants, in response, made an application to restrain the plaintiff from acting in the proceedings and sought an order that the plaintiff could only continue to act if through independent legal representation. The plaintiff, a self-representing solicitor, had already filed a claim against the defendants, and the case was before the Supreme Court of Victoria.

The central legal issues before the court were whether the plaintiff had established a proper basis for joining the claim against the defendants' solicitor, and whether there had been an unreasonable delay in making the application. Additionally, the court considered whether the plaintiff was in breach of the overarching obligations under the Civil Procedure Act 2010 (Vic), and whether there were grounds to restrain the plaintiff from continuing to act in the proceedings.

The court found that the plaintiff had not established a proper basis for joining the claim against the defendants' solicitor. The plaintiff's delay in making the application was unreasonable, and the court considered that the plaintiff was not acting promptly and minimising delay or ensuring that costs were reasonable and proportionate. Furthermore, the plaintiff's conduct, including alleged threats and unreasonable refusal to permit communications between the defendants' representatives and the plaintiff's retained counsel, contributed to the court's decision. The court held that the plaintiff was in breach of the overarching obligations and that it was empowered to require the plaintiff not to take further steps in the proceeding otherwise than by an independent solicitor.

As a result, the court made an order that the plaintiff could only continue to act in the proceeding if through an independent solicitor. The order was designed to ensure that the proceedings were conducted fairly and in accordance with the Civil Procedure Act 2010 (Vic).