Makfam Pty Ltd v CV Australia Pty Ltd

Case

[2020] VSC 296

29 May 2020


Details
AGLC Case Decision Date
Makfam Pty Ltd v CV Australia Pty Ltd [2020] VSC 296 [2020] VSC 296 29 May 2020

CaseChat Overview and Summary

Makfam Pty Ltd sought an order to prevent CV Australia Pty Ltd from being represented in an oppression claim by a former solicitor, Mr. Cohen, who had previously represented Makfam. The dispute came before the court which had to determine whether Mr. Cohen was in possession of confidential information that would prevent him from acting for CV Australia, and whether he should be restrained from doing so in the interests of the administration of justice. The court examined the circumstances under which Mr. Cohen had acted for Makfam and the nature of the information he may have acquired during that period. It considered whether the information was confidential and whether it was relevant to the oppression claim. The court concluded that the information Mr. Cohen may have possessed was not confidential and did not pertain specifically to the oppression claim. Therefore, there were no grounds to restrain him from acting for CV Australia. The application was dismissed.
Details

Areas of Law

  • Corporate Law & Governance

  • Civil Litigation & Procedure

Legal Concepts

  • Unconscionable Conduct

  • Legal Privilege

  • Abuse of Process

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Cases Citing This Decision

10

DECOLA & DECOLA [2020] FamCA 884
Cases Cited

25

Statutory Material Cited

0

Kallinicos v Hunt [2005] NSWSC 1181